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Started by LisaB31 • 11 replies • 380 views

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LisaB31 (Tennessee)
Posts: 2
Posted:
Is it legal for a developer to not
Allow a property owner the right to
Choose their own licensed GC. Or do they
Have to pick from the list.
FYI list consists of 2 out
Of business contractors and himself.
JohnC46 (South Carolina)
Posts: 14,265
Posted:
Quote:
Posted By LisaB31 on 12/12/2020 8:32 AM
Is it legal for a developer to not
Allow a property owner the right to
Choose their own licensed GC. Or do they
Have to pick from the list.
FYI list consists of 2 out
Of business contractors and himself.

While under developer control, they probably can do so.
JohnC46 (South Carolina)
Posts: 14,265
Posted:
Quote:
Posted By LisaB31 on 12/12/2020 8:32 AM
Is it legal for a developer to not
Allow a property owner the right to
Choose their own licensed GC. Or do they
Have to pick from the list.
FYI list consists of 2 out
Of business contractors and himself.

While under developer control, they probably can do so.
AugustinD
Posts: 5,144
Posted:
Quote:
Posted By LisaB31 on 12/12/2020 8:32 AM
Is it legal for a developer to not
Allow a property owner the right to
Choose their own licensed GC. Or do they
Have to pick from the list.
FYI list consists of 2 out
Of business contractors and himself.
I'd rather review what your covenants say on the subject first and then opine.

But if forced to bet, I'd say the developer probably does not have a legal right to do this.

You can write the developer and try to use reason.

Else in my experience, you would need an attorney to fight this. The cost of the attorney would likely exceed whatever extra you have to pay the contractors on the developer's list.

It's not fair. But it is reality.
AugustinD
Posts: 5,144
Posted:
Of course, the OP could just go ahead and hire whatever GC he or she wants, and then wait and see if the developer fines you or takes you to court et cetera.
LisaB31 (Tennessee)
Posts: 2
Posted:
HOA has been turned over to land owners. However developer governs arc committee.
AugustinD
Posts: 5,144
Posted:
That's simply not enough information.
KerryL1 (California)
Posts: 14,550
Posted:
With augustine, what do your governing documents say, Lisa? Or even your architectural rules or guidelines?
JohnT38 (South Carolina)
Posts: 1,631
Posted:
Not sure if this helps or not but the link below implies they might be able to do this in Tn.

https://www.nashvillebusinesslitigationlawyersblog.com/developer-not-liable-for-acts/
JohnC46 (South Carolina)
Posts: 14,265
Posted:
Quote:
Posted By JohnT38 on 12/12/2020 1:27 PM
Not sure if this helps or not but the link below implies they might be able to do this in Tn.

https://www.nashvillebusinesslitigationlawyersblog.com/developer-not-liable-for-acts/

Very interesting.
AugustinD
Posts: 5,144
Posted:
Quote:
Posted By JohnT38 on 12/12/2020 1:27 PM
Not sure if this helps or not but the link below implies they might be able to do this in Tn.

https://www.nashvillebusinesslitigationlawyersblog.com/developer-not-liable-for-acts/
Great article.

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