The non-compassionate housing market. We hear about those people that were duped into biting off more than they could chew in a mortgage payment, often by using Adjustable Rate Mortgages (ARMs) or nonconventional loans and subprime loans.
But when the housing market pulls back there is an interesting bunch that is also affected, and you usually don’t hear much about them. These are the people who buy houses in a new community or subdivision, only to end up seeing the subdivision fizzle and be surrounded by empty lots. The Cincinnati Enquirer did an excellent job of bringing this problem to light in an article on its website: Ryan Halts Building in Some Areas
There is an added risk to being the first person to buy a home in a new subdivision. Sure, you get your choice of lots. But you also are living in your home and making payments long before the subdivision is finished. It’s not uncommon (at least in the greater Cincinnati, Ohio area) for a decent sized subdivision to take anywhere from 2 to 4 years to complete. And that was in the good times when homes were pre-sold prior to construction and they were backordered.
The Enquirer article mentions a couple that bought a home and are now one of only 4 homes in the new development. The homebuilder (Ryan) had promised a walking trail, community pool, play areas for kids, and two fishing ponds. Well, there are 4 homes out of 200 possible homesites and there are none of the ammenities that Ryan promised. To top it off, Ryan Homes pulls out of the community and says they will not be building any more homes (which of course means they won’t be adding a pool, trail, etc.)
These four buyers now live in a subdivision filled with graded lots, empty and unfinished streets, and a generally depressing looking, undeveloped neighborhood. I’m sure if you drove through the area and were not familiar with the situation you might think some kind of war took place, or a pandemic occurred.
The rest of us need to learn from this. It’s much better that we learn at others’ expense rather than our own. When you go to buy a newly constructed home, or when you plan to build a home, consider the following:
Many people go straight through the builder and the builder’s sales representative. Resist this urge. Builders are almost always happy to work with Realtors; let’s face it Realtors help them sell “spec homes” (speculative homes built without buyers to be sold on the open market) as well as sending the builder referrals for custom built homes and pre-built orders. I also don’t know of a builder that would refuse to let you hire your own real estate attorney. Considering most builders have their own pre-printed real estate contracts, having an attorney is a great idea!
Back to our Enquirer article and the people who make up 2% of the lots but 100% of the subdivision’s population. While the homebuilder promised all these cool ammenities, I am almost willing to bet there was no mention of walking trails or a pool in the contract to buy the home at whatever price they agreed to pay. Without a doubt, these homeowners have suffered a decrease in property value since the builder pulled out of the subdivision, especially without the ammenities that they were promised and were naturally taken into consideration when the buyer agreed to pay the contract’s stated amount. But without those ammenities being expressly written into the contract, are they owed such ammenities?! That would be a legal question that I as a Realtor cannot answer. This is where having an attorney that specializes in real estate would make all the difference in the world.
Remember this if you remember nothing else at all: the builder and the builder’s sales representative will ALWAYS be working in their own best interest, their own self interest, and NEVER yours. You are their CUSTOMER, not their client. They want to get the highest sale price out of you that they possibly can. And by going directly through the builder you are letting down your guard and showing them your poker hand. When you go through the builder you will never see their cards but they will see yours. That doesn’t sound like a fair handshake.
Have a pre-closing home inspection by an independent, third party certified home inspector of your choice. Construction defects can sometimes take years to discover. If the basement starts leaking 4, 5, 6 years or more down the road it will be difficult to tell whether this was a construction defect or something that happened later down the road. A good home inspector can help detect problems early on and you can have them corrected before you even close on the house.
We could go on at great length about new construction and the many ways you need to protect yourself during a deal to buy a new home. This article is just scratching the surface, and the Enquirer article helped remind us to watch out for our own best interest in these types of deals. If you’re considering buying a new home or having one custom built, you are wise to have people on your side to protect your investment.
As always, I welcome your comments and feedback…