Expert: Jessica Bryan - 2/19/2008

Question
We closed on our house 4wks ago and the following day the heating system was not working properly and still waiting for builder to get parts and also basement recently flooded what are my rights and what do I do to get the builder to respond in a timely manner

Answer
Dear Tom;
I hope that you have a real estate agent who assisted you with the sale since it is always easier to call your agent to have them follow up with the builder and advise you.  In the absence of a professional, you can be persistent (but nice!)by calling the builder often.  Basically, make a nice nuisance of yourself until the builder wants to get you out of his hair by fixing your problems.  I don't know what kind of contract you had with the builder. Was there a warranty that went along with the home?  Usually there is a year warranty on new construction.  I don't know what to advise you on how to get someone to do something since you may have rights under a warranty but still not get things done in a timely manner. You can threaten, cajole and plea.  It just all depends upon the personalities of the parties involved.  If you think that your rights are being violated, you can consult an attorney but that can be expensive.  You might also call a local news show that has a consumer advocate to get them to pressure the builder.  However, the builder may be doing everything he can right now and might not be able to get things done any more quickly even though you think that he should.  Perhaps a 'sit down' meeting with him to discuss your issues would be the best way to handle this.

Good luck and best wishes,
Jessica Bryan