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Builder won’t repair faulty drainage

Q: I just bought a brand new home about 90 days ago from a very reputable builder. In this short time, two problems have developed, but the builder simply dismisses them. The first problem involves cracks in the driveway and patio. The builder says that cracks are normal and should be expected. The other problem is that rain flows under the garage door due to the slant of the driveway pavement. In his letter, the builder says, “The garage is not considered to be living quarters, so it is not built airtight like the rest of the home.” He says he is sorry, but his company won't stop the water from running into the garage. Aren't defects such as these supposed to be covered by the builder’s warranty?

A: When builders wish to sidestep warranty repairs, their most common “cop out” is to declare that the defects in question are normal and do not warrant concern. In the case of hairline concrete cracks, this claim is usually true. Most concrete cracks do not indicate significant construction defects. In fact, a common saying among contractors is that concrete is guaranteed to do three things: to turn gray, to be heavy and to crack. The passage of time reveals whether concrete cracks are typical or not. A few cracks are normal. A matrix of numerous cracks is not. Cracks as wide as the thickness of a nickel definitely call for a structural evaluation.

Your drainage complaint, however, is an entirely different matter. There is no excuse for water flow into the garage of a newly constructed home. Pavement should be sloped away from the building. It should channel water away from the garage, not into it. The fact that garages are not living quarters and are not airtight has nothing to do with the direction of drainage. Every competent builder knows this.

For years, this column has warned readers against the mistake of buying a brand new home without having it professionally inspected. Now is the time for you to take that advice. Find out who is the most thorough and experienced home inspector in your area. A detailed report from a truly qualified home inspector can help you persuade the builder to make necessary repairs. A competent inspector will find even more defects than you are presently aware of. I guarantee it.

Q: A home inspector recently told me that new building codes no longer requires closets in bedrooms. But another inspector I know said this is not true. As a professional Realtor, it's important to me that my clients get the right information. What's the bottom line on this? Are bedroom closets still required or not?

A: Here's the big surprise: Bedroom closets are not required now, and they never were required in the past. Closets are installed as a courtesy only, not as a code requirement. It is the standard of practice to install them because they are practical and because the public has come to expect them. Next time you talk to those home inspectors, ask them to show you the page in the building code that specifies bedroom closets.

Distributed by Action Coast Publishing. Questions to Barry Stone can be emailed to barry@housedetective.com.

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