Home Builder Breach Contract
Summary
The user, a resident of Florida, is dealing with a breach of contract issue with a home builder, Lennar. The user discovered a structural defect in their home after purchase, which was not identified in the home inspection report. The builder agreed to a settlement of $10,000 but has not issued the payment despite the user signing an agreement. The user has been blocked by the builder and is seeking advice on how to proceed. The user was advised about the 5-year statute of limitations for breach of contract in Florida and was recommended to consult a contract lawyer and consider filing a complaint with the Florida Department of Business and Professional Regulation.Full Conversation
i purchased a home and there is a structural issue floor tiles are breaking and I contacted the builder last year October and still chasing them but nothing have been settled
Did you have a home inspection done before purchasing? If so, was this issue mentioned in the report?
I have done a home inspection
Did the home inspection report mention any potential structural issues or problems with the floor tiles?
no
What state are you located in? This will help me provide the most accurate information regarding your legal rights in this situation.
florida
What was the builder's response to your complaint? In Florida, construction defects have a *-year statute of limitations. You may need to consult with a construction defect attorney.
they accepted and said they will settle for money which is very less ….I have tried for several months then finally accepted for what they pay and they took all the signs but issue any check 4 months past when I ask they say still in process
Did you sign any agreement with the builder regarding the settlement? In Florida, written contracts have a *-year statute of limitations.
yes I did 4 months back
What was the agreed amount in the settlement? In Florida, if a party fails to fulfill a contractual obligation, you may have a breach of contract claim.
10k
What is the name of the builder or the construction company? In Florida, breach of contract has a *-year statute of limitations. You may consider legal action.
lennar
What is the exact nature of the structural issue with the floor tiles?
In Florida, you can file a lawsuit for breach of contract within 5 years. Consider consulting a lawyer.
In Florida, you can file a lawsuit for breach of contract within 5 years. Consider consulting a lawyer.
all the tiles are breaking
What is the estimated cost to repair the broken tiles? In Florida, if the repair cost exceeds the settlement amount, you may have a case for additional damages.
the estimate cost I got from * people and the least is 28k
What is the timeline you agreed upon for the settlement payment in your contract with the builder?
In Florida, if a party fails to fulfill a contractual obligation, you may have a breach of contract claim.
In Florida, if a party fails to fulfill a contractual obligation, you may have a breach of contract claim.
That they didn’t mention and I got mad of them and said what process you guys are doing taking several months they blocked my number .how I can raise a complaint or which lawyer I have to meet and resolve the issue
What is the exact date you signed the agreement with the builder?
In Florida, you can file a complaint with the Florida Department of Business and Professional Regulation. Consider consulting a contract lawyer.
In Florida, you can file a complaint with the Florida Department of Business and Professional Regulation. Consider consulting a contract lawyer.
april *
What is the current date? This will help me determine if the statute of limitations for breach of contract has expired.
july *
What is the exact wording of the settlement agreement regarding the payment terms?
they will be giving * checks one from Lennar and other from emser
What is the agreed amount for each check from Lennar and Emser?
* and *
What is the full name of the company "Emser"?
that I don’t know
Could you please provide any additional details you have about the company "Emser"?
no idea
What is the nature of Emser's involvement in your case?
they have contracted from Lennar to do the job and bcoz they didn’t do good job they are paying that’s what I heard
What is the nature of the contract between Lennar and Emser?
i don’t know
What is the nature of the work Emser was contracted to do by Lennar?
dont know but floor work I think bcoz they are paying some amount
What is the exact nature of the floor work that Emser was contracted to do?
no idea
What is the current status of your communication with Lennar and Emser?
i never contacted emser I am in contact with only Lennar till Saturday and from that time they blocked me
What is the exact wording in the agreement about the responsibility of Lennar and Emser towards the settlement?
only amount payment that they will send 4k check and Lennar will give 6k check
What is the exact wording in the agreement about the timeline for the payment of the settlement amount?
no timeline mentioned
What is the exact wording in the agreement regarding the process of payment?
will send checks
What is the exact wording in the agreement regarding the consequences if the payment is not made?
that is not mentioned
What actions have you taken since realizing that Lennar has blocked your number?
when I was mad they blocked
What was the last communication you had with Lennar before they blocked your number?
Simply every time say this is the process since 10 months which is ridiculous.bcoz of ur stupid process I am loosing lot of money,
What was the exact date of your last communication with Lennar?
In Florida, you can file a complaint with the Florida Department of Business and Professional Regulation. Consider consulting a contract lawyer.
In Florida, you can file a complaint with the Florida Department of Business and Professional Regulation. Consider consulting a contract lawyer.
Last Saturday
What was the exact content of your last communication with Lennar?
Simply every time say this is the process since 10 months which is ridiculous.bcoz of ur stupid process I am loosing lot of money,