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Typically, you have to submit a written complaint to the builder or
contractor, who then has a certain amount of time to inspect the
property and make repairs - usually up to 90 days. Unfortunately,
these laws, designed to protect builders, says Janet Ahmad, president
of Home Owners for Better Building, don't obligate the builder to fix
your problem (after an inspection, they may tell you that the fault is
unrelated to their construction).
But your builder
may patch up your home to avoid a lawsuit. If not, you are probably
free to sue. To find out about your local "fix it" laws, start by
calling your state attorney general's office.
If all else fails, get creative
When
the first cracks began appearing in Susan Sabin's home shortly after
she moved in last June, she contacted Pulte Homes, which sent in
engineers and contractors to repair minor problems. But Sabin still
believes they're ignoring major defects.
"They keep fixing the symptoms," she says. "I want them to fix the source of the problem."
So
Sabin has strung up lemons and opened her house to anyone who wants to
see the cracks. Soon after, her story made the local news.
Pulte,
which says the problems with the home are a result of soil expansion
underneath, has so far not agreed to rebuild Sabin's home from scratch.
But it certainly is not ignoring her complaints.
"Structurally
her home is as sound as any other home we've built in the city," says
Todd Lipschutz, Pulte's division president in Kansas City. "We will
make the necessary repairs."
Don't build a lemon
Know
your builder. Make sure your builder is licensed with your state, and
see what complaints have been filed with the attorney general's office.
Get references, but remember that a builder isn't likely to refer
someone who has complained. A better bet: Ask people in the
neighborhood what they think of their house and how the builder handled
any problems.
Question whether the builder is in over
his head. Many builders don't have the equipment or the technical
expertise to deal with very large projects. So if your home is the
largest project the builder or contractor has ever done, proceed with
caution. The same holds true if it's the company's first big housing
development.
Have a lawyer read your contract. If it
includes a binding-arbitration clause, you'll waive your right to a
trial. Ideally, you want to strike this section or at least ask to name
what arbitration firm will be used, says Nancy Seats, president of
Homeowners Against Deficient Dwellings. Check that the warranty spells
out what problems are covered.
Be a regular at the
job site. Show up frequently while your house is in the process of
being built or remodeled and ask questions. For a big project, consider
hiring an inspector or an engineer to look things over.
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