Consumption and Real Estate
What can I do about a builder issue?
Question : What can I do about a builder issue?
Okay my husband and I bought a brand new home 8 months ago. Before we purchased we had a walk thru with an inspector and we noted some water stains on a window seat. We turned in our punch list to the builder and he in turn said that he fixed all things on it. He said that they had a roofer go up and make sure there was no leak and that someone had prob. left a window open some. So since he told us that we went to our closing thinking everthing was fine. Well now that it is spring the rain has come and it poured into the window and all over the window seat. Now there is water damage all over and the builder said that there would be mold in there when they are pulling things out. My question is this can they be sued for deceptive trades since they knew of and didnt fix the leaky roof? We live in Texas and we have to dislose the fact that we had a roof leak and water damage even if it is fixed which in turn will bring down the value of the home. Any help would be great. Thanks
texas home inspectors
Best answer:
Answer by alterfemego
I would certainly consult with an attorney right way.
Before you get an attorney involved, try to get a resolution to the problem. If that results in nothing, then contact an attorney, but it sounds like the builder is on site & in contact with you.
Builders may or may not have a warranty program. Most of our builders have their standard 1 year warranty. Re-read your paperwork when you bought & see if you have one. If so, there should be a paragraph about how to contact them if you have any issues. Some have another punchlist at the 1 year mark (drywall cracks from settling, popped nails in sheetrock, sqeaks in floors), but they are not going to come to you & ask if you have problems. You need to make them aware. Your issue is serious enough to warrant immediate attention & not wait.
If you bought the house with govie financing, there most likely would have also been a 2-10 warranty (a warranty that kicks in after the builder’s 1 year warranty that covers years 2 through 10 of your ownership).
It may be that upon inspection when you first pointed out the leak, there was no visual evidence of anything wrong. If the buillder is back now & willing to correct the problem, then there isn’t anything deceptive on his part. Perhaps it was a matter of a defective window that wasn’t going to show any signs of being defective until the rainy season? Mold is also treatable & not all mold is the deadly black mold.
It should not be a problem on your property disclosure in the future as long as the problem has been corrected. It also should not have any affect on your home’s future value, so long as it’s corrected. Keep all documentation with regard to the repair & include those in any property disclosures in the future.