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Question
Hi,
I just bought a house - new construction. I closed in mid july and moved in at the end of july 2008. We have been in the house for 59 days and a couple of weeks after the move I noticed that the hard wood floors were buckling and warping. I brought the problem to the attention of the subcontractor that did the work and he insisted that it is not unusual for floors to do that and that I should give it few weeks to settle. When I did not buy his argument, he said that it may be due to the air conditioning - which I did not buy. Then he offered to inspect the crawl space and discovered that the crawl space was flooded. It had 8-10 inches of standng water. The builder came in and pumped out the water but the ground is still wet, soggy and muddy even though there is a drainage system in place.
The builder attributed the water to rain water. When word got out in the neighborhood that my crawl space was flooded, one of the neighbors who lived in the area long before my home was built stated that when my house was built that there was a spring in the general area of where my home was built and that they had to stop work to contain the water but she could not remember what was done to stop te water from bubbling up to the surface.
I am trying to get the builder to remedy the situation but if the cause of the standing water in my crawl space is spring water, no amount of repair will fix the issue and this likely to spring up again 1 year from now or 10 years from now or perhaps even in a week or a month.
The spring water was never disclosed to me or I would have never bought the house.
What are the laws in this case? Can the builder be obligated to take the house back? Does this fall into failure to disclose latent defects and deficiencies? What should my course of action be?
Thanks,
GHM
I recommend that you consult a qualified attorney ASASP. It sounds like you have a major issue and you should let the contractor know that you mean to take action, without delay.
Just do it. It sounds like you have a solid case.
John McKenna, CMI
Certified Master Inspector
American Home Inspection
http://texas-inspection.com
Infrared Certified Training
http://www.infared-certified.com
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John McKenna, CMI
Expertise
I can answer your question about home inspections and the hidden aspects of of the industry. I own American Home Inspection for east Texas and am a Certified Master Inspector. Sometimes there are questions about buying and selling a home that a qualified and honest home inspector can answer. Many people are led to believe incomplete information about repair items and make costly mistakes when they respond. If you do not know enough information or know what to ask, you can buy a nightmare instead of a home. Is your home inspector working for you or the Realtor? Is the owner of the home telling the truth? How do you make sure the contractor who makes repairs will do it right? Is the Realtor moving too fast and causing a person to make hasty choices? What are some of the things the Realtor does not want you to know? What you discover after you are the owner of the home and then decide to sell? What type of box can the home inspector put you in when the new buyer is now inspecting your home? What can you do if the home inspector was negligent? How do you prepare for a home inspection? What should you do with the home inspection report at the negotiating table? What are the signs of sheeple being led to the slaughter? Why do some realtors hate the "deal killer" home inspector? What type of action can you take now to protect yourself from law suite after someone buys your home? When is something a minor or major problem? What are the most common problems found in a home inspection? What can you do to prepare for a home inspection? What questions can you ask the home inspector so you choose the right one? The list goes on and on... "The truth will make you free"
Experience
Over 25 years experience in construction and board certified as a Certified Master Inspector. Licensed by the Texas Real Estate Commission as a Professional Home Inspector (TREC #4565) and Certified by the National Association of Certified Home Inspectors (NACHI).
Education/Credentials
Certified Master Inspector (CMI)
National Association of Certified Home Inspectors (NACHI)
Licensed by the Texas Real Estate Commission (TREC #4565)
See more info: http://texas-inspection.com
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