What to do if the builder doesn't respect the warranty?

Question

Hi all,

I purchased a new build single family house last December and just found out there are several issues with the house: the bathtub is not installed, the roof is unfinished, the ridge flashings are not installed, plumbing pipe boots are not installed correctly and it results in rain water flowing into the house and leaked through the attic to the second floor then went on to the first floor. It caused stains on the ceilings and dry wall crack. The house is still under 1 year warranty but the builder refused to take any responsibilities. Is there a way to hold the builder responsible for these? Should I go for a legal route? Any suggestions are very much appreciated.

thanks,

Yong

Adam Martin · Answer

Hopefully they are bonded and insured so that’s where I would start.  It is also surprising how quickly you get responses with honest online reviews.

Sehun Kook · Answer

How did you close this house???

Have you not done any inspection before closing? Have you not checked all the designs and upgrades you chose? Sorry that I am not sure how to handle it legally against the builder

Yong Lai · Answer

Thank you, @Andy Lanyi, will give it a try!

Andy Lanyi · Answer

Small claims.  You don’t need an attorney, and you can go up to, depending on the state, $5500.

Yong Lai · Answer

@Andy Lanyi,I got the bathtub fixed which cost $850, the roof fix is estimated to be $800. Not sure about the water damage yet. So far the cost is not a lot so I am not sure if it worth to get an attorney as I heard it is very expensive. This is my first time buying a new built and I didn't know such things like warranty. The plumber who fixed my bathtub told me that and informed me that whoever built the house should cover the cost as it is under 1 year old. That's when I talked to the seller/builder and he simply ignored me. I will talk to the house inspector next Monday. Thank you!

Andy Lanyi · Answer

@Yong Lai

I think you have two issues, the house inspector and the contractor.   First communicate to each of them individually.  Let them know what is wrong with the constitution and what they are going to do about it.  Then keep good records of each response.  If they don’t do anything you need to ask for legal help.  Small clams, or civil court depending on how much it would be to fix all the problems.  O’yea have a contractor give you an estimate on fixing all the items.   .

Yong Lai · Answer

I was thinking the same thing about the home inspection. Not sure if I can hold the home inspector for responsible since he missed so many things? The house is not bought AS IS per sec. It is a new built in 2021. The seller/builder never disclosed these things. I think I will file a complaint next Monday and also get an attorney. Thanks, everyone!

Sergey A. Petrov · Answer

this is not "warranty". this is buying and closing on an unfinished piece of construction which I imagine is "accepted" as-is at closing. warranty is when the roof that was installed leaks or get blown off by the wind because the shingles weren't nailed down properly. A real estate construction attorney should be consulted but I am not sure where you look for "money" to finish the build...

Chris Seveney · Answer

@Yong Lai

they must have licensed so you can file a complaint against their license and send pictures to try and get their license revoked. I would also get an attorney to send a letter during the warranty period to put them on notice and a right to cure. If not get estimates for work, file a complaint and then slap a lien on them and all their properties.

In these instances you have to be agressive otherwise don’t do anything

What to do if the builder doesn't respect the warranty?

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