Our builder - part 3

continued....

I told our builder rep "according to the Tarion New Home Warranty program, we are entited to $100/day if we were not given proper notice."

She said "that is only if we delayed you more than 120 days past your original closing date."

I said "no, you were suppose to give us notice IN WRITING 35 days in advance of the delay if it is going to be more than 5 days."

She replied "that is neither here nor there."

Um, it is VERY here or there to me and my family!!!!!!

We then had a conversation where she said that they could move us in with a working kitchen sink and toilet without the rest of the house being completely finished. She also wanted to know why we couldn't stay in our existing house.

I explained that our house was sold and closing on Oct.3rd, that we had 2 small children under the age of 2.5 years old, that moving them twice was extremely disruptive to our lives and that having everything we own in storage was expensive and an inconvenience. She explained how they COULD move us in without the kitchen, but we wouldn't want that.

GAME ON!!!!!!!!

I felt like she was threatening us and decided to call her bluff. I told her that we weren't completly adverse to moving in 5 days later than our closing date and she should communicate to our lawyers. It turns out that they were trying to sneak the paperwork by us saying that we mutually agreed upon Nov,6th. If we signed the paper, we wouldn't receive any compensation.

Since then we have been going back and forth with our lawyers. We went by the house and they did put in temporary cabinets (one set) in the kitchen, just enough to hold a sink with a a piece of wood for a counter top. We talked to the construction supervisor (who is quite nice) and he said that for some reason someone at head office seems to have it out for us. He was told to make it "livable" for us so they could force us in. He hated the idea of that because it would then take 6 months to finish the house as they would always have to book appointments to do anything.

After much back and forth we told our lawyer that we would settle for our actual costs incurred as a result of the delay and would not seek the $100/day if they could move us in, house complete, by November 6th.

On Friday we heard that now the kitchen cabinets look like they are delayed again, so now we have no idea what is going to happen. Our lawyer is away this week, so hopefully we will have some answers next week.