By: Barry Stone
Dear Barry,
I purchased a brand-new home less than one year ago and expected to be covered by the builder's warranty. But the builder refuses to repair any of the defects I've reported to him. For example, black mastic has seeped through the tile joints in my bathroom counter. He says I should have noticed these conditions during my final walkthrough inspection, prior to purchase. Since I did not see this condition then, he says it's not covered by the warranty. What should I do? - Carolyn
Dear Carolyn,
The actions and motives of some individuals are denigrated by vast quantities of soiled neurons - a condition commonly known as dirty nerve. Your builder would appear to be one of those unprincipled persons. Since when are builders' warranties limited merely to defects that a buyer happens to notice on the day of a final walkthrough inspection? What does he presume a walkthrough inspection to be, a reality game show? He needs to wake up to the laws that apply to his chosen vocation and to straightforward business practices in general. Essentially, he is responsible for construction defects that resulted on his watch, as prescribed by state law. That includes all defects that occurred during construction or that manifested during the warranty period, not just the ones you were lucky enough to spot during game time.
This situation illustrates my repeated emphasis on the importance of hiring a qualified home inspector when buying a brand-new home. Even when builders are more honest and forthright than yours, the only way to take advantage of the warranty is to discover the defects. A professional defect finder is more likely to find the warranted problems than is the average home buyer. My advice is to find the most thorough and experienced home inspector in your area. A qualified inspector will find additional defects of which you are not yet aware. If the builder does not agree to repair all of these, you can file a complaint with the state agency that licenses contractors, or you can file an action in small claims court.
Copyright 2004-2006 Barry Stone. Distributed by Inman News.
. Questions of a Do It Yourself nature should be submitted to our "