Q: Can I back out of a new house being built due to a wall not being up to my standards and builder not fixing correctly.
It seems like the pipe in between the wall is too big and it causing a bulge in the wall. Instead of taking the wall down and correctly fixing the problem, they put shimmies in between the drywall and quarter round. If this is not up to my standard could I back out and ask for my earnest money back, or is the money gone. I have also paid for upgrades as well. I don't know what else the builder is trying to hide and not fix correctly so im willing to just walk away.
A: You will need a lawyer to examine your Contract of Sale very carefully. Hopefully it has a Liquidated Damages Clause or something else that allows you to terminate the Contract and only lose your Earnest Money. Usually they can only sue for Specific Performance. It may be difficult to actually sue you or collect from you. Usually they sell to someone else. Hire a competent attorney to advise you of the risks and notify the Seller of your decision.
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