Q–I bought a new house from a well-known builder in 1995. The surface of my driveway began crumbling last year and is very bad now.
I contacted the builder and he said the driveway is not covered by warranty. A concrete company told me the concrete was probably too dry when poured and water was added to the surface to work it.
I believe the concrete should last longer than 1 1/2 years and that the builder should stand behind it. What can I do?
A–I agree. Driveway concrete should last longer than 18 months without crumbling. Reputable builders stand behind their work.
If the builder refuses to repair or replace the concrete, contact an attorney. Sometimes, threat of a lawsuit will produce the desired result.
Q–Nine years ago, we bought a retirement home in Arizona. We agreed at the time to pay an annual fee that covers use of the development’s pool, exercise rooms, tennis courts, etc.
The fee is now $296 a year, and some of us–because of age, illness and financial problems–would like to get out of the fee. But we were reminded that we agreed to the fee at the time we purchased our homes.
Are we stuck paying the fee, even when we can no longer use the facilities?
A–There are a couple of basic rules everyone should follow regarding contracts:
– If you don’t understand the terms and conditions, hire an attorney to explain your rights and obligations.
– If you understand the contract but don’t like the terms and conditions, don’t sign it.
When you purchased your retirement home, you agreed to make an annual payment for recreational benefits, whether you use the facilities or not. Difficulty in meeting the financial obligation is only grounds for moving elsewhere, not for modification of your contract.
The lesson to be learned here is to plan your financial future carefully when approaching retirement, and be aware that a time will come when physical activitity is limited and health fails.
Q–Is it legal to dispose of your real estate through a raffle?
A–The sale of raffle tickets, with the winner receiving a prize, is a form of gambling. Raffles by individuals are prohibited in many states, including Illinois.
———-
Have a question about real estate? You can write to George Karvel in care of the Chicago Tribune’s Your Place section, 435 N. Michigan Ave., Chicago, Ill. 60611. Answers will be provided only through the column. Please note that laws vary from state to state and area to area. Consult an attorney for specific legal advice.
