Home inspector: Builder plays warranty games
Q. 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 walk-through 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?
A. Your builder appears to have a large number of soiled neurons — a condition commonly known as dirty nerve. Since when is a warranty of any kind limited to the defects that you notice at the time of purchase? When you buy a new computer, does the warranty only apply to defects that you notice at the cash register? What does your builder think a walk-through inspection is, a reality game show? He needs to wake up to the laws and business practices that apply to his profession. He is responsible for construction defects that took place on his watch, as prescribed by state law. That includes all defects that occurred during construction or that were manifested during the warranty period, not just the ones you spotted by you during “game time.”
This situation illustrates 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 best way to take advantage of the warranty is to discover the defects before you buy. A professional inspector is more likely to find the warranted problems than is the average homebuyer, and builders are more likely to address problem as a condition of the sale.
My advice is to find the most thorough and experienced home inspector in your area. A qualified inspector will find additional defects for the builder to repair. 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 hire an attorney to emphasize the seriousness of the matter.
Q. We’ve been very concerned about sloped floors and cracked walls in our condominium and have asked the homeowners’ association to have them evaluated. They called the carpenter/handyman who does most of the repairs in our complex. He said the building looks structurally sound, but we’re not reassured and would like someone with more expertise to review the condition of our property. How should we address this situation?
A. Asking a carpenter or handyman to render an opinion regarding structural defects in a building is equivalent to asking a nurse’s aid to diagnose a malignant carcinoma. In either case, an opinion would be unreliable, and its rendering would be illegal. Structural evaluations and medical diagnoses can be lawfully and reliably provided by qualified professionals only. Your homeowners association should have a licensed structural engineer evaluate the floors, walls, and any related irregularities in your home to determine whether the problem is cosmetic or structural.
ŸEmail questions to Barry Stone through his website, housedetective.com, or write AMG, 1776 Jami Lee Court, Suite 218, San Luis Obispo, CA 94301.
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