Parker, CO asked in Real Estate Law, Construction Law and Environmental for Colorado

Q: Do my parents have legal grounds to withdraw from a contract with a Home Builder if know of a potential health risk?

Two weeks ago, Weyerhauser, who provides the floor joists, reported fire retardant spray mixture is new and is causing a noxious out-gassing. The floor joists are installed, drywall complete, wiring, plumbing, heating and A/C ducting is installed. Toll Brothers has no remedy. They have closed the home up and refuse to let builders in for health reason. Building inspector refuses to enter for health reasons. The home was supposed to be completed in 6 weeks. They have given over $120,000 in deposits and construction upgrades Toll Brothers. Toll Brothers does not know when or what they will do with my parents home. Contracts signed in Nov 16. Closing supposed to occur mid to end of Aug 17. Parents were informed by Toll Brothers 2 weeks ago about problem with joists after my mother went to doctor complaining of burning eyes after visiting homesite. Seattle Times reported on Weyerhauser and problem affecting 2200 homes nationwide. 44 of them are in my parent's future community.

2 Lawyer Answers

A: The contact will likely control here. You will need to hire an attorney to review the circumstances and the contact to review the available options.

A: Spelling correction: "Contract" NOT "contact"

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