Village of Suffern, NY Chapter 113 Contractors' Security for Homes

[HISTORY: Adopted by the Board of Trustees of the Village of Suffern 10-29-1975 by L.L. No. 10-1975. Section 113-5 amended at time of adoption of Code; see Ch. 1, General Provisions, Art. I. Other amendments noted where applicable.]

GENERAL REFERENCES

Subdivision of land — See Ch. 239.

§ 113-1 Definitions.

When used in this chapter, the following terms, unless the context requires otherwise, shall have the following meaning:

DEFAULT

Occurs where title to the home is not transferred to the vendee because of the failure of the vendor and vendee wherein the vendor undertook to build or construct a home for the vendee or where the vendor becomes insolvent.

DEMAND

Communication of an actual notice to the vendor of requests made therein.

DEPOSIT

Any moneys given as down payment by the vendee to the vendor as required by the vendor prior to the commencement of the work to be performed pursuant to an agreement between the vendor and vendee wherein the vendor undertook to build or construct a home for the vendee.

HOME

A new one- or two-family dwelling intended to be used primarily as a residence.

VENDEE

Any individual or individuals who have contracted with a vendor for construction of a home on land not owned at the time of such agreement by such individual or individuals.

VENDOR

Any person, firm, corporation or association engaged in the business of erecting or constructing homes.

§ 113-2 Posting of bond required.

When a vendor undertakes to build or construct a home for a vendee within the Village of Suffern and such vendee is required to pay a deposit to such vendor, the vendor shall post with the Clerk and Treasurer of the Village of Suffern a bond in the amount of such deposit or deposits. Such bond shall be posted within five business days after receipt of said deposit or deposits by the vendor and shall secure the payment of said deposit to the vendee upon the vendor's default. Such bond shall be issued by an insurance company licensed to do business in the State of New York and shall be in such form as required by the Superintendent of Insurance.

§ 113-3 Alternative to posting bond.

In lieu of posting a bond as provided in this chapter, the vendor shall place the deposit or deposits paid to him by the vendee in an interest-bearing escrow account with a bank as defined in the Banking Law within five business days after receipt of such deposit or deposits. Such deposit or deposits, together with interest accumulated thereon, shall remain the property of the vendee, except as otherwise provided herein.

§ 113-4 Disposition of security.

A. Upon transfer of title of the home to the vendee, the bond posted pursuant to this chapter shall be released, and any funds held in escrow pursuant to the provisions of this chapter, together with interest accumulated thereon, shall become the property of the vendor, unless otherwise agreed between the vendor and vendee. The vendor shall apply for the release of any bond posted herein pursuant to § 113-2 by supplying the Village Clerk and Treasurer with proof that title has been transferred to the vendee. The submission of an affidavit by a title company that it has received the deed in question for recording and that said deed is in recordable form and will be recorded within seven days shall be deemed good and sufficient proof.

B. Upon default by the vendor, the vendee may demand return of his deposit or deposits in an escrow account pursuant to the provisions of this chapter. The vendor shall physically transfer the account to the vendee or pay the balance of said account to the vendee within 14 business days after the day on which the demand was made. If the vendor has posted a bond pursuant to the provisions of this chapter, the vendee may initiate action for payment thereon if his deposit or deposits have not been paid to such vendee by the vendor within 14 business days after the day in which said demand was made.

§ 113-5 Penalties for offenses. [1]

A. Failure of the vendor to comply with any of the provisions of this chapter is a misappropriation of funds, and action may be brought by the vendee against the vendor for the return of any moneys advanced. In addition, such vendor shall be liable for the penalties in § 1-12 of Chapter 1, General Provisions.

B. Nothing in this chapter shall be deemed to impair, limit or reduce the statutory, common law or contractual duties or liability of any vendor in the construction of a home, nor shall these provisions apply to any local law or ordinance which requires the posting of public improvement bonds.

[1] Editor's Note: Amended at time of adoption of Code; see Ch. 1, General Provisions, Art. I.