Need help in getting money from the builder

[Loki Rao]

Hi All,

Thank you so much for all your help. I learned so much from all of you. 

I am a newbie and purchased a new construction home in the suburbs of Raleigh, NC. I made a ton of mistakes as part of the deal. I wish can go back and fix those mistakes. I m here to seek help and suggestions so please go easy on my mistakes and regret my past decisions. 

As part of the closing, my builder (local builder) gave me a note saying he can finish the sunroom within 90 days after closing otherwise going to pay 3200$. And also he didn't give the appliance check of 1200$ as part of the closing (my other mistake was not settling as part of the closing). It has been more than 5 months after closing and my builder is ghosting me for the last month. I have sent an email saying that I will contact the attorney but still no response. My builder is very shady, and political and is very experienced with all these, and dealt with multiple lawsuits.

I have a written contract with all the details from the builder. The total money owed by the builder is $4400.

I have explored the following options but wanted to know from the community how to proceed further to get my money back. 

Option 1: Filing the request in small claims court. Read a lot about the pros and cons. It is new to me. Appreciate it if there are any best practices. 

Option 2: Contact the attorney to send a notice. This might cost more money but not sure about the outcome. 

Option 3: If both of the above options do not work then my final option would be https://www.nclbgc.org/homeown...

Please let me know if you know of any other options & good attorneys for dealing with such issues. 

[Kathie Russell]

1 - small claims court is made so that you can go without an attorney, that said, it is risky to do so as if the builder brings a lawyer you could get legally out maneuvered.

2 - Sending a letter from an attorney won't cost much.  You always have the option to not follow through with legal action, because to do so would absolutely cost more than you are owed so that would not be a good use of your time or money.  However you would be surprised how many people will respond to a legal letter (that said, if your guy is shady and used to getting sued it might not help.  I still think it is worth a try). (recently retired real estate attorney here).

3 - I would absolutely start with a complaint to the NC General Contractor Licensing Board. Going to the recovery fund may be a last resort, but filing a complaint about a builder should be the first step.  Anyone with a license lives in fear of that board.  The complaint form is here:  https://portal.nclbgc.org/NCLB...

If you decide to consult an attorney I would recommend Don Harris of Harris, Sarratt & Hodges.  He is the hardest working attorney I know (you can tell him i said that) and he will absolutely fight tooth and nail for his clients.  Moreover his fees are reasonable.  I probably know the builder you are referencing.  Good luck to you.