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  1. #1

    Default Builder Will Not Honor New Home Warranty

    My question involves a consumer law issue in the State of: NC

    My builder was given a list of things that had to be repair prior to closing last year November 2010. She responded that "in a few weeks well schedule the rest of the repairs." One item was completed, the rest were not.

    I have significant ponding in the front yard. Autumn, particularly November is the driest season. I had no idea that my yard, sidewalk, and driveway would flood. This became apparent in the major storms in the spring. There are numerous problems with siding incorrectly installed, the slab has major cracks, the tubs and showers are not sealed properly.

    Last month, October 2011, I had a home inspection completed and sent the recommendations to the builder. My home warranty expires 11/18/2011.

    First, she responded that "we'll schedule the appointments." A week later she stated that her "foreperson" would review the list and determine if they would fix the items found by the inspection. I've not heard back from them. Of course, they never fixed the things that they were supposed to fix in the first place, now they don't want to fix the items that were found this year.

    Because, I stupidly did not have the inspection done before closing (yes, I was stupid for assuming a new home would not have problems), do I have a leg to stand on?

    Apparently, they do not want to fix these problems. Do I have to take them to court?

    Thank you for your time!

  2. #2
    Join Date
    Sep 2005
    Behind a Desk

    Default Re: Builder Will Not Honor New Home Warranty

    What warranty are you talking about? An express warranty? Implied warranty? The terms of the building contract, as opposed to a warranty?

  3. #3

    Default Re: Builder Will Not Honor New Home Warranty

    We were told the home was covered from top to bottom with the Builder's Warranty. Everytime it's been referenced it was called a "Builder's Warranty." They were supposed to fix things that broke in the home the first year (not quite up yet), hammer in nail-pops, etc. They did fix one item, but neglected the rest. During this period, I discovered that during heavy rain, the gutters flood the side-walk, foundation, and drive way because they were incorrectly installed. There are a lot of things they have to repair, but this is the biggest one and they won't return my calls.

    The home is new construction as part of a brand new sub-division. We did not contract for it to be built.

  4. #4
    Join Date
    Sep 2005
    Behind a Desk

    Default Re: Builder Will Not Honor New Home Warranty

    It's standard in new construction for the builder to come back after a year and fix nail pops and the like. You still haven't made clear, though, if this was simply something the builder said or if there is an actual, written warranty. If it's the latter, you can read the warranty to see what it covers.

    In terms of defective installation, is that your impression or have qualified, licensed contractors told you that the problem was installation? I assume that the word you're missing is "flood" - sometimes when gutters overflow in heavy rain it is because the rain exceeds their capacity; sometimes it's a design issue, not an installation issue. Similarly, if sidewalks or driveways flood that may be a landscape design issue. When rain is hard enough, even well-designed, well-graded properties can experience pools or puddles. I'm not in a position to assess as I can't see your home - it may be that you're right - but I do want to emphasize that if you were to go to court you would need to substantiate your claims. I suggest taking photographs the next time you have a heavy rain, in case you need to demonstrate the problem.

  5. #5

    Default Re: Builder Will Not Honor New Home Warranty

    Thank you for responding!

    I actually do not know if the warranty was in writing. I will have to sort through my documentation and read it.

    I had a certified home inspector/contractor identify the problem with the ponding and flooding. He stated that the gutter downspout was dumping the water into a side garden, next to my garage, that flooded the driveway, sidewalk and foundation. The lawn is not landscaped properly and also contributes to the flooding. But, the issue is the placement of the downspout. He and I took still pictures. I also took video during a heavy rainstorm.

    The contractor stated if it wasn't fixed, the sidewalk and foundation will eventually erode and crumble. Mold in my garage is already forming because of the water. He suggested, and documented on the report I supplied to the builder, that a pipe be run from the downspout across the lawn and down a little gully between my yard and the neighbor's home. I suspect that is very expensive. One way or another this has to be repaired soon.

    Given that these issues were identified as a must repair situation, can I pursue legal action if they continue to refuse to do the work? Or, because I didn't insist that it be fixed before the house was sold to me, am I sunk? Additionally, they're building a new expansion to my neighborhood. Is it slander or liable if I tell everyone that comes here that this company refuses to honor their warranty? So long as I state only the facts?

    Thanks much,
    Christine Lee

  6. #6
    Join Date
    Jan 2010
    New Jersey

    Default Re: Builder Will Not Honor New Home Warranty

    Once you find and read what is in your written warranty, post it here, and we can give you an answer.

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