Dear Monica: I am in contract to buy a beautiful newly constructed house. At the moment the Builder/Seller does not have a final approval for all the work that was done. How would you advise me to structure my contract to allow for the fact that the final has not yet been obtained? David G.
Dear David: The best approach for you to take is to have a contingency that requires the seller to have a final inspection approval before you remove the contingency. Once the final approval has been obtained, you can remove your contingency and close the transaction. You may also want to have your own inspector inspect the property and produce a punch list of items the seller/builder needs to correct/repair.
There is a one-year warranty on new construction that covers all of the appliances, fixtures, plumbing, electrical and other things. In addition, there is a 10-year warranty on things that are not immediately apparent but that become material problems during the 10 year period. The limitations are spelled out in SB800, a California law that should be part of your contract.