Real Estate
Sponsored by

New Build with problems

2,493 Views | 10 Replies | Last: 4 yr ago by Diggity
Coach_King
How long do you want to ignore this user?
Looking for advice on the avenues to take here. Bought a new build from century in Montgomery count. Our closing date got pushed back 5 times and we finally ended up in a home where we were living in a hotel for nearly a week, we passed inspection, had our final, and closed in the sane day and moved in on the next. During our final they were still painting. 9 days later we have found 51 issues that we want fixed. What are my timelines? The builder is dragging his feet on repairs. What can i expect from him. How long do i have to get it fixed? Guidance needed, thanks.
aggie_wes
How long do you want to ignore this user?
AG
What does your contract say? Usually they list a timeline for "punch-list items", which is what you're describing.

You lost most of your leverage when you closed, so at this point it's continue to ask for the contract to be fulfilled. If you continue to have issues you can get a lawyer to write a letter to that effect. Beyond that, it's live with it or sue your builder.
Txag17
How long do you want to ignore this user?
AG
The construction contract should stipulate a timeline for you as the owner to inspect the premises and generate a punchlist. The countdown should begin from the time you received the certificate of occupancy from the city or certificate of completion from the builder if the build is rural. The standard under NAHB is 3 days to inspect, generate, and deliver a punchlist to the builder, however this timeline is adjustable during contract negotiations prior to contract execution. If the punchlist timeline has expired you might look into a warranty claim depending on the issue, this is typically one year from completion, but can also be adjusted per contractual agreement.

I would also add that a builder with integrity would fix the issues if they are notified within a reasonable amount of time, regardless of contract lingo, and in my mind nine days is well within reason. We have stipulations in our contracts for protection, but I personally would much rather keep my clients happy than be a hard a** over a couple days.
www.gascustomhomes.com
ratfacemcdougal
How long do you want to ignore this user?
Following....

I am considering a new construction house from Century. They are a big builder so I hope this all works out. Please keep us posted.

Thanks
Coach_King
How long do you want to ignore this user?
What does a usual contract say? In terms of time to report things?
aggie_wes
How long do you want to ignore this user?
AG
you need to look at your contract with the builder. 'typical' won't help you.
74Ag1
How long do you want to ignore this user?
AG
1)?You should have a warranty clause in there.
2) Do you have warranty insurance?
3) are these punchlist items (minor paint type stuff) or major like ac not working?
Coach_King
How long do you want to ignore this user?
All cosmetic. Some major cosmetic and some minor.
AG Custom
How long do you want to ignore this user?
AG
Unfortunately this would probably fall under their warranty guidelines based on your wording that 9 days later you found 51 items that you want fixed, but it doesn't say 51 items that we previously had listed from our walk before closing that we want fixed. Most builder warranties specifically exclude paint and cosmetic items. Larger companies if you get loud enough will come out and normally take care of it, but I have a feeling that per your contract and closing you might have signed off on the cosmetic items.

Best of luck with it and stay persistent as squeaky wheel gets the grease with large building companies.
Garrelli 5000
How long do you want to ignore this user?
AG
Not sure if this is the case but many builder contracts also stipulate you must close within X days they say it is ready or the buyer pays a hefty per day late penalty. In this market they can easily sell to someone on a waiting list.
Staff - take out the trash.
Diggity
How long do you want to ignore this user?
AG
Never move into a home before they finish the punch list items. At the very least, if timing was a big issue, you need to have them put the specific repair issues in writing and agree to address them within a certain period. After closing, you basically have no leverage.

Sorry you're going through this but how in the hell did your agent allow that to happen?
Refresh
Page 1 of 1
 
×
subscribe Verify your student status
See Subscription Benefits
Trial only available to users who have never subscribed or participated in a previous trial.