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Subject:  Breach of Contract? Date:  4/14/1999  7:50 PM
Author:  MJStone Number:  2379 of 87660

Anybody know how long I have to wait before I can sue someone for Breach of Contract?

Background:

Last fall (end of October) I closed on a new house in a relatively new subdivision. Against my wishes (and better judgement) I was railroaded into closing before the sod was laid in the yards. They hadn't even poured the concrete for the public walkways. However the contract has some statement on it that the closing will take place once the residence is habitable.

"Residence shall be conclusively deemed completed at such time that it is ready for occupancy, and if at such time certain details, not sufficient in Seller's judgement to prevent comfortable occupancy, remain incomplete, sale shall nevertheless be closed, but a written list of such details on Seller's form shall be prepared and signed by Seller and Purchaser evidencing such details, which Seller shall, at its cost, promptly complete as quickly as possible, weather conditions permitting."

We noted the lack of sod on the written list at closing. They signed it.

In addition the contract states:

"In the event seller is unable to complete the sodding and/or seeding of purchaser's lot for any reason, it is herein agreed that seller will not under any circumstances escrow money to secure completion. This does in no way relieve seller from his responsibility to seed and/or sod purchasers lot on a timely basis and in a workmanlike manner."

They were laying sod in the subdivision until late December, but did not lay ours. Also, now that spring is here in the mid-west, I've seen sod trucks around the area, but still no sod.

I've called the builder, but can get no response.

Do I have a case for Breach of Contract?
Do I have any other avenues for forcing the builder's hand?
They already have my money (well the bank's money).
I've tried to contact an attorney who deals in contracts, but I've gotten no response there either.

If this isn't really the place for this type of question, I'd appreciate if someone could point me somewhere else.

Thanks

MJ
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