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Buying or Selling a Home/New Home Construction - Different from Model

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Expert: - 5/28/2008


Question
I'm about 3 weeks away from closing on a newly constructed home (Taylor Morrison)and, after doing some due diligence, I noticed that a part of my master bathroom is different from the model that I looked at.

In the model there is an extension of the tub which should be encapsulated by the shower wall where you can sit or put shampoo, etc...however, in our home the encapsulation has been moved forward and no there is no room for shampoo, sitting etc....

I sent an email regarding this to the Sales Associate but I haven't received a response back yet.

Do I have any rights regarding this if they come back saying they're not fixing it? I'm 100% positive this wasn't an upgrade option....

Thanks for any response!!

Answer
Hello Christopher - I would recommend talking to the superintendent at the subdivision... he is the guy that controls the subcontractors... usually he is willing to assist in the little details before they get to far in the process. Once you get within 30 days of your delivery date the builder frowns on doing anything that will delay the close. So, you would then need to bring this to their attention at your walk-through (which should happen within 1 week of closing). At this point they may say close and we will fix it as soon as the crews can be rescheduled back to the subdivision... as you know they will be in constant communication with you during the first year of ownership up to the point of your 1 year inspection. If the crews that need to do the work are still building other homes in the subdivision you have a better chance of getting it repaired sooner and that would be better. Your builder is a reputable builder and usually will make right any issues. Of course, there are sometimes differences in the way the homes are trimmed out as ideas arise as the models are designed... not always will the home be exact in every detail (not incl options). Be respectful, but firm in your approach. Take the individual who does the walk-through with you into the model and show them the difference. If the model is already sold and people live in it, knock on their door a couple of days ahead and request their permission to have the builders representative and yourself meet on your walk-through day to inspect the difference. Remember, there are somethings that the builder cant change without causing more damage and inconsistency in grout or tile lines. Think about if you want some subcontractor breaking up whats done... creating some substructure to support the change, then attempt to cut and match someone else's work to perfection... Might be better to leave it as it is. Hope this helps.

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Todd C. Menard

Expertise

National Association of Realtors Code of Ethics and Professional Standards * Contract Questions: 05/05 Arizona Real Estate Purchase Contract, Exclusive Buyer Broker Contracts, Listing Contracts and associated contract documentation as it relates to boilerplate, covenants, contingencies, procedures and procedures. * ARMLS Arizona Regional Multiple Listing questions * Real Estate Professional Standards and Practices, Ethics, Obligations, Duties * Agency relationships in Arizona, Procurring Cause * Questions typicaly arising during the listing period * Questions typically arising during the escrow period * Questions about working with a real estate agent/REALTOR * Questions Related to New Home Builders

Experience

National Association of REALTORS Board of Director (2011) Arizona Real Estate Salesperson License (1991-1995), Arizona Real Estate Brokers License (1995-Present), Arizona Association of REALTORS Board of Directors (2008-Present), Arizona Association of REALTORS Professional Standards Committee (2008-Present), AAR Certified NAR Code of Ethics and Professional Standards Instructor, Southeast Valley Regional Association of REALTORS President-Elect (2011) Southeast Valley Regional Association of REALTORS Board of Directors (2008, 2009), Southeast Valley Regional Association of REALTORS Grievance Committee Chairperson (1998-2007), Southeast Valley Regional Association of REALTORS Bylaws Committee (2008-Present), Southeast Valley Regional Association of REALTORS Education Committee (2008), Arizona Association of REALTORS Forms Committee - Residential Purchase Contract (2005), Arizona Association of REALTORS Forms Committee - Residential Rental Agreement (2008), Arizona Association of REALTORS Forms Committee - Buyer Broker Agreement (2009), Arizona Association of REALTORS Presidents Advisory Group, Road to Professionalism (2009), Arizona Association of REALTORS GRI Curriculum Review Committee (2009), Arizona Department of Real Estate, Commissioner's Education Advisory Group Sub-Panel B (2010) Arizona Department of Real Estate, Commissioner's Statute and License Review Committee (2007)

Organizations
National Association of REALTORS, Arizona Association of REALTORS, Arizona Real Estate Educators Association (AZREEA), Arizona Regional Multiple Listing System (ARMLS), American Notary Association, Southeast Valley Regional Association of REALTORS (SEVRAR), Southeast Valley Regional Association of REALTORS Women's Council of REALTORS (2010-Present), Phoenix Association of REALTORS (1994-2000, 2005-2009), Scottsdale Association of REALTORS (1994-2000, 2005-2009), Maricopa/Glendale Association of REALTORS (1994-2000, 2005-2009),

Publications
"Real Estate in 2008"- Lifebushido Publishing (Contributory Author), SEVRAR Magazine, Internet Crusade, RealTown ListServe, Blogger.com, Active Rain

Education/Credentials
- AAR Certified Ethics and Professional Standards Instructor, Graduate REALTOR Institute (1993), Certified Negotiation Expert (CNE), Over 100 Hours of annual real estate continuing education, Annual Ethics and Professional Standards Development Workshops as required by the National Association of REALTORS, Approx. 36 hours of NAR Code of Ethics training annually, Numerous IDW, Seminars and Train the Trainer programs, Business Management Degree - 1981

Awards and Honors
2009 REALTOR of the Year Award, Southeast Valley Regional Association of REALTORS (10,000+ Members), Double Platinum Production Award ($45,000,000 Sales Volume)- Keller Williams Realty Int'l (2001), Top 15 Sales Production Keller Williams Realty International (2001), Top 5 Sales Producation Keller Williams Realty Southwest Region (2001), Top Recruiter Award - Keller Williams Realty Int'l, SW Region (2002), Who's Who in U.S. Executive (1983), Who's Who in U.S. Real Estate Professionals (2007)

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