Expert: liznarr - 5/23/2008

Question
Hello,

We bought a new home last june, and in the contract we added new sod to be installed by Sept 30 since the grass was dead from a frost in the spring.  The builder agreed to our agreement but the way it was written by our realtor was "if the seemingly dead grass does not return, resod by Sept 30th". Come sept 30th we were told that the builder had drove by, saw green (turns out it was weeds)and called the realtor to say it was coming back and they are not having to resod. I even spoke with the realtor and the builder myself and they both said to treat for weeds in the spring and it would grow back.  We now have a weed infestation problem that we feel we shouldn't have to put the money into fixing just to have the yard we were told we'd have by Sept 30th.  Whose call was it for our yard to be "seemingly" dead or alive? And are we entiled to our contract being honored now, even though our warranty will expire in one month?  I have sent the realtor and the builder a request to replace the sod and is there anyone state board of someone that I should also ask?  Just want us to not have to worry about a yard that had a bad start.  Thanks so much!

Answer
Hi Alarie,

First, let me apologize for the delay in responding.  I have a family member on chemo therapy that I stayed with over the Holiday weekend to help out, and I did not check email.

What I would suggest is that you have a landscaping company come by your home and inspect your yard and get a professional opinion, IN WRITING, along with their cost to resod your yard… if that is their recommendation.  If your yard is all, or mostly weeds, and the landscaping company states this in writing, I would think you have a good case to pursue.  You might have to pay for the written opinion, but I think it would be money well-spent.  

In addition, I would take pictures of your “weeds.”  Should you be put in a position later to document your claim, pictures – as you know – are worth 10,000 words.

Next, I would forward the written opinion to both the builder and your Realtor by certified mail, and give the builder a deadline to respond, stating that the yard can be taken care of by the builder per the opinion, or that the builder can pay you the amount of your proposal to have the landscaping company correct.  You might check with a local magistrate, judge, or attorney to see what the Notice period in your state is.

Inform both the builder and Realtor that if the terms of your Contract are not honored AS AGREED, they leave you no alternative but to seek out other remedies.

If you do not receive a response within your stated period, you can make a formal complaint to the Builders’ Licensing Board in your state that should investigate the matter.  You can also make a formal complaint to the Real Estate Commission against the Realtor if you feel you have an actionable complaint.

Since I do not have all the facts in your case, you can call your Real Estate Commission and ask to speak with an investigator who should be glad to answer any questions you have and give you additional information regarding a Complaint.

If all the above fails, I would suggest contacting an attorney for legal advice on how you should proceed at that point.

You did not say whether or not there was an agent involved representing YOU.  If so, insist that your agent also get involved and go to bat for you.  If there was only one agent involved representing the builder only, that agent still had an obligation to have given you all material facts and have been honest with you.

I hope the above suggestions are helpful in trying to get your dilemma resolved.  Good luck to you, and feel free to write again if you have additional questions.

Regards,
Elizabeth