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Can the builder sue for breech of contract if we decided to walk away from the new home build? 
Likely yes. But, there are several issues that need to be explored, i.e. is there a valid and binding contract, can we make a case that the builder was the breacher, is the reward worth the fight for the builder, your other possible defenses and counterclaims, etc. You should contact us to review your contract so that you will fully understand your rights, remedies, and risks before making a decision.
The foregoing information is general information only and should not be relied upon to take, or fail to take, legal action. No attorney-client relationship is formed by this information. __The only manner to obtain complete and adequate legal advice is to consult with an attorney.__
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DisclaimerThe response posted is based upon the information made available and is not intended as a full and complete response to the question. The only manner to obtain complete and adequate legal advice is to consult with an attorney. No Q&A posting or other communication will be treated as confidential from this website and does not create an attorney-client relationship.