Built a New Home & Builder refuses to fix flaws !?

Question

This located in Visalia CA . we are going to close the loan tommorrow. Its a 1412 sq ft 4bd/2ba (original selling price was $178,900) but was appraised at $174000. I thought since it's new construction, everything would be good but boy was I wrong! I hired an inspector this mourning. A list of repairs needed but not limited to : a wood pole in the attic is damaged.kitchen Cabinets only have 1 line of nails at the top, poor landscaping in the backyard. Kitchen counter tiles are unleveled, bugs in light fixtures in the garage, Lots of minor cosmetic issues. Etc.. So the builder was not happy about all the repairs needed. He (was so childish) told me if I'm not satisfied, don't sign! Which is not an option for me! I only downed $500 (since loan is through govt USDA fundings.) But I have put so much time into the process of the house. I cannot go thru all that again! Warranty is 1 yr for minor and 10 yr for structure /frames. I want this house but they need to fix it ! If he refuses, what can I do besides giving up the house? Please someone answer !!! Thank u !

Answer 1

He is requires to fix some things and not others. Bugs in the light fixture - come on! You don 't expect him to clean it for you do you? A bit ridiculous. It was probably put up clean and because of the work, bugs collected quickly. Clean it yourself. It is a very petty complaint. If the wood pole in the attic is a structural issue, he should repair or replace it. They were rather lazy on the cabinets. They should have been nailed it at the bottom as well and one or two nails down the sides. That seems like a reasonable request. If the tiles are badly unlevel, that would be a reasonable request too. You didn 't mention what the numerous cosmetic issues were but, if you bulked in several petty requests with your reasonable ones, then I can see a general contractor turning up his nose at all of the issues. Some of them and such workers tend to be egotistical. Ask for the "important" things to be fixed. Disregard little things that you can easily do yourself.

Answer 2

If you are not willing to walk away from this house purchase then the builder has you "over a barrel". Very little of what you wrote down was important enough to be considered and that may be why the builder acted as he did. bugs show up in light fixtures quite often and will have to be cleaned out as often as it bothers you. Poor landscape in backyard does not indicate anything unless you are saying it does not drain as the USDA loan may require- grass and shrubs would not normally be any part of a home inspection. The cabinets may or may not be installed correctly- and the damaged pole may be a problems. You should have only brought up those two issues. Not smart to attempt to do this at very last moment.

Answer 3

It's no different to buying a car. If the salesman knows that you "want that car" he knows he's got you.

You only option is to play hard ball and look like you're going to walk away.

Does the builder want to start looking for a new buyer over a few small fixes? If he knows you won't walk he's got you.

These are all tiny issues and you'd have the same kind of problems buying any house.

Answer 4

You could have some money from the sale put into escrow and the builder won't get it until he fixes the issues. Bugs in the light are not a material defect and the cosmetic issues are probably minor so wouldn't qualify either. The pole in the attic may be a structural flaw, but the rest are pretty picky.

Answer 5

What advice is your lawyer giving you? He should be forcing the completion of

all the issues you mention. That is what you pay him for. If the builder will not fix the

important flaws, then you should walk away. There will be more items in the coming

year that will need attending to. How will you deal with him then?

Answer 6

Your issues are incredibly minor and not the kind of thing a builder would normally fix, so I can certainly see why he told you if you didn't like it to not sign. And that really is your option here. Nobody is going to think that expecting him to clean bugs out of light fixtures is reasonable. If you aren't willing to walk away, you have no leverage.

Answer 7

That seems like a reasonable request. If the tiles are badly unlevel, that would be a reasonable request too. You didn 't mention what the numerous cosmetic issues were but, if you bulked in several petty requests with your reasonable ones, then I can see a general contractor turning up his nose at all of the issues. Some of them and such workers tend to be egotistical. Ask for the "important" things to be fixed. Disregard little things that you can easily do yourself

Answer 8

As RealtorSailor said, you will have to bring money to the closing if the appraisal was under listing / agreed to? price. Or seller has to decrease price. Are you working with an agent?

Many new houses - in all price ranges - are poorly built - to make a larger profit margin and even wood is not as good as the wood 40 years ago. Nothing new there.

Answer 9

Your options are not to sign close the transaction.



If you did not make the inspection a contingency of you accepting the house, you might be at a disadvantage. Why did you decide to have have an inspection so close to closing?.



These actual appear to be minor in nature and you could be considered nit picking.



The decision is yours to make. If you decide to sign the documents and close the transaction, you would lose and advantage you might currently have.



I hope this has been of some benefit to you, good luck.



"FIGHT ON"

Answer 10

Talk to an attorney ASAP.



Don't close until the important items are repaired. Get an agreement in writing in regard to a deadline for the cosmetic repairs to be done.

Answer 11

so you are gonna close tomorrow, so you hire an inspector today



thats real good forward planning



what can you do? - nothing except not sign



you have backed yourself into a corner with no escape (by leaving it until the last moment, then saying you MUST sign)



nobody is obliged to provide you an escape so I dont see how HE is being childish - rather that you have been stupid letting things get so far that you dont have any options.

Answer 12

"Warranty is 1 yr for minor and 10 yr for structure /frames." Then who deals with honouring the warranty? Complain to them... read it see what it covers as in the UK this is well and truly legal and covered by NHBC for new homes, no one would buy a new home unless the builder is registered with NHBC in the USA it seems it is not https://en.wikipedia.org/wiki/Home_warranty

Answer 13

you paid for the inspector and if you rely on his judgment, don't buy the place if the seller won't fix the problems

you might think your current process has been a struggle but you have no clue as to what you can experience if you don't get these things fixed now

Answer 14

TODAY was a big late to hire an inspector - you should have done that as a contingency to the contract, then if you found problems, you could walk away from your offer with no financial penalty

Answer 15

I wouldn't settle until he fixes the property. This is your right. Tell him that you not settle until he fixes the items corrrectly and that you will not release the property so he can resell it. This is key. As long as you have a claim on the property (as in a sales contract), he can't resell it.

Answer 16

If the house appraised $4,800 under the selling price it's not going to close unless the builder adjusts the sales price.

Answer 17

Your option is to back out. Don't buy a place with problems. IT isn't worth it.

Answer 18

Sorry but all these are cosmetic. If you are not willing to walk away you have no leverage.

Answer 19

Get a good lawyer (or do not sign).