If a builder changed the agreed-upon grading plan without our knowledge, is there anything we can do?

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If a builder changed the agreed-upon grading plan without our knowledge, is there anything we can do?

During the permit process, it appears as though the grading plan was not acceptable. The builder made changes in an effort to prevent water from flooding our yard but now it looks as though we will have an unusable, unattractive backyard. We were never informed of any issues/changes. We are still in the building process. We have expressed concern several times. We feel this is deceptive practice and should have been addressed with us before groundbreaking began. Do we have any recourse if wthe e are not happy with potential backyard?

Asked on April 26, 2012 under Real Estate Law, Maryland

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

If you have concerns with the developer concerning the grading issues that you have written about concerning the home that is being built for you, I suggest that you first sit down face to face with the developer to try and address your concerns and then get something in writing from the developer that may allay the problem that you are writing about.

If the suggested meeting that you have does not resolve the grading issues for the home being built for you, I suggest that you consult with an attorney that practices in the area of construction law to assist you.

You need to be aware that the construction of your home must receive final permit approval from the governmental entity or entities overseeing its building process.

Your possible recourse if you are not happy with the backyard of the home that you are having built is not to close escrow on it. I suggest that you consult with the attorney suggested in the answer to this question.

 


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