You just said you have a real estate attorney. Chances are really good that person will know a whole lot more about your options and best paths forward than a bunch of strangers on the internet. :)

Clarification ... you signed a contract to build a house back in March 2020 and the house is now finished and you were supposed to close next week?

Have you been inspecting or visiting this house as it has been built?

Don't you find it odd that the builder doesn't want you to inspect the house you are buying? What is he hiding?

Either, the house has many issues that an inspector will tag and/or he found someone willing to pay much more than you were and willing to take buy an AS IS house.

Yes I been to the house through out the build with my wife and two girls. yes of course he mentioned he got a higher offer. Now to see if I can get a legal representation if needed. I believe he just may want a higher down payment.

He can sell it for way more than your contract amount. You’re not going to spend money to compel enforcement of your contract. If you wanted the inspection, “just for you”, it should have been scheduled after closing. You thought you might have leverage after turning up a problem. He isn’t playing that game. He is on to the next person in a multi bidder scenario.

Doing an inspection does not give him the right to terminate the contract. Call his bluff if you really want the property and seek specific performance on his part and have him pay for the cost of the process if you win.

I’m doing a time of essence letter 2 weeks to close ( calling his bluff ). also getting multiple attorneys choice from friends and family pro Bono. I’ll tie up the property with a lien and have it there till he cracks.

You'd have to get a judicial injunction to prevent him from selling it.

Shola:

The builder has already calculated his lawyer fees and settlement into his cost/benefit analysis of whether or not to cancel this deal and sell to a higher bidder. I'm betting he's still money ahead. Lawyers love this kinda crap.

Personally I would get the lis pedens on the property as fast as possible and take my time with everything else.

Once that notice is filed he will not be able to sell it as a title search is going to find it. In my area, courts are so backed up right now that filing an action and a lis pedens would essentially wrap up the property for a year.

However, I will caution that size does matter sometimes. If this is a small local production builder then go for it. If this is a large regional or national builder I would spend some time thinking things over before jumping in.

Good luck

Local builder, also just found out his withholding on signing the affidavit for the title to clear.

Just my 2 cents on your position and options.

First, you need to quickly decide if this thing will resolve with communication or whether it is going to require a bit of a push to resolve.

Next, the legal system really has two uses. You can use the legal system to resolve issues, which usually take significant time and resources. Or, you can also use the legal system to force reasonable settlement of issues outside of a courtroom. In my opinion, the latter is preferred to the former.

I would advise having a discussion with your attorney about skipping the back and forth part of demand letters and just filing the case and the lis pedens. That will likely force the builder to sell it to you or at least force a conversation on getting this fixed. Odds are your builder has overestimated the power he has in this matter, owning a house that you want to buy certainly gives him some power, however, having money tied up in a house that no one but you can buy drastically shifts that power dynamic. I doubt the cost to file the case and the lis pedens is significantly more than back and forth demand letters and is much more likely to result in favorable action, possibly even having him reimburse you for those fees.

Having said that, listen to your attorney. There are always nuances in your specific situation and jurisdiction that don't translate well to on-line advice.

Good luck