Posts tagged Legal

Question : Long question, I just purchased a new home, legal help?
I closed on my house at the end of July. Stated in my contract i have 2 ‘punch lists’ one before closing, and another completed after closing for any defect that i have found after moving in.

On my initial punch list, i informed the builder of everything that i believed to be a defect.

1. Many of the defects were with the pain in the house (they did not cut in the corners in correctly, and painted all over the window frames) which overall looks good, but in the details is flawed. While going through the house, she always said, that “oh, yeah, i will fix that….”
2. Over spray on many of the exterior trim pieces.
3. Holes in 4 pieces of siding (when asked to repair she insists that there is nothing wrong with them, but she will agree to provide me with the siding for me to repair it myself, but there is still nothing wrong with it. She will not sign a piece of paper stating that if i do the work myself that the warranty will not be voided) Another piece of siding is drooping approximately 3/4″ to 1″, a noticeable amount
4. As specified (and agreed to) in the contract that we entered into, the countertops in the kitchen were to be repaired to my satisfaction. The formica has a lip from where it was not routered correctly (this is all around the top, and i have caught cloting numerous times on the band) This has not been corrected to my satisfaction.
5. There is a depression in the back yard where water had been gathering, there is now a ditch that she dug to drain the water. I requested that it be leveled out, she declined.
6. Floor of garage slopes into (instead of out of) garage…. not too big a deal because it doesn’t seem to leak, and would be major renovation to fix
7. sewer clean out sticks up about 6″ above grade.
8. nail (or something) under shingles on gable of roof
9. no insulation on copper from air condition condensor
10. air conditioner condenser is on a slab, ontop of bricks (not sure, but i would think that it needs to be on dirt)
11. about a 2″ strip in master bathroom did not have texturing on it, after waiting about a week for her to fix it, i purchased spackling and a putty knife and fixed it myself (she reimbursed me the $ 10.00 for the supplies)
12. nearly all of the caulking around the exterior needs to be replaced.

After numerous ‘discussions’ with the builder i finally offered to repair any cosmetic flaws inside of the house if she would provide me with paint brushes, which she did.

My questions are as follows.
1. Do i have a legal right to expect that nothing be wrong with a new house, cosmetic, structural, etc. (i am the first person to live in it)
2. Is there any way that i can make her fix the problems i have listed above, or atleast reimburse me for my time to fix the problems? I do not own anything to level the grade of the lot except for a shovel, and that is back-breaking work to level an area with a shovel (probably 20′ square area from low spot to high spot)

I don’t have a problem doing the work myself, but with the 1 yr home warranty i do not want to void it by doing something that should have been completed by the builder, then have her come back later to say that i did it, and i did it wrong. (ie the siding)

Things that i want fixed or nothing held against me if i fix them is the siding, the shingles, the caulking, the depression in the back yard, the kitchen counter, and the sewer cleanout. (the interior paint i have already come to an agreement with her, so it is not an issue)

I plan on giving her a list of all defects as outlined as a right in the contract.
new home builders warranty

Best answer:

Answer by ?
First, you shouldn’t have signed at closing until all clauses/complaints were attended to under contract. If in fact your seller has a contractual obligation to fix all the items on your current/after move-in list then all you have to do is demand the repairs under threat of suit for breach of contract.