Expert: John McKenna, CMI - 3/11/2007

Question
Thanks for your time,

I just purchased a new condo and had some issues w/ noise and not having in my condo what they have listed on their brochure as each condo unit getting.  They have it on the web as well as in their model office and they give it to you.  One of the things they promised was a digital programable thermostat (which I don't have, I have a digital thermostat).  I asked about it and they blew me off, I didn't want to make to much of a stink just yet in case other issues came up while under warranty, I wanted them to fix it and not to blow me off for regular maintenance type stuff.  So I hired an inspector to come and check the place out after I notice them putting in "R-13" insulation in my neighbors house (I took pictures).  In their documentation or brochure they say all units have R-20 in the walls and R-40 in the ceilings.  The inspector said that it is impossible to have R-20 in my walls because we have 2X4 constuction and the ceiling (blown in) is 2 inches short and is R-38.  Also, I don't know if this is in issue or not, but they have it listed as 1424 apprx sqr ft, and the township office they have their plans listed at 1200 sq ft.  When I went to the township office it seems that the guy there was in some way "in bed w/ the builder" as he maneuvered around my questions.  There is a growing discontent about the condo's w/ noise issues but no one yet knows about the lying on the insulation.  I contacted a laywer friend who said to ask them to buy it back or we will contact the other homeowners and get a class action.  I also can here my neigbors whistle, cough, and hear what they say word for word clearly.  These are supposed to be "high-end" golf course condos.  Any options for the walls for sound proofing?  One lady she can hear her nieghbors burp, swear and can smell smoke when they smoke!

1.The common wall is double drywalled and insulated?  Can anything be done about that for noise?  Is this "code"? (I live in Michigan)

2. Can builders get away w/ out and out lying?

3. In the ceiling they can add 2 more inches to make it R-40 but what about the walls?  

4.  If you were going to write a letter, what would you write/ask for?  For them to buy it back? For them to refund you $20,000 or more or less?  I have no idea what to do, my friend is not "specialized" in real estate law so I wanted to get as much info as possible.  
5. Do you know of any federal agencies that I could file a complaint with?

Thanks again for your time,
Mark

Answer
It sounds like you may have some genuine complaints and I recommend that you consult with a qualified real estate attorney for your area.  You have got several issues that need to be looked at from a legal stand point as well as a structural view.

Save all your documentation and photos and show them to your attorney.  Let him tell you which step to take next, if you decide to move forward with these issues.

There are so many possible issues that need to be considered before answering any of your questions. It would be unfair to you, if I was to just shoot from the hip with the first answer that came into my mind.

You have taken a good step so far, in that you have hired a home inspector to document the present conditions of your structure.  Do not wait too long to make your move, as time is not on your side in this matter.

There are some structural solutions that could be done to help your problems also, but you would first need to consult a professional and licensed contractor to help you figure out the right things to do, or not do, or... just to find out the cost of the bid.

Be careful to not violate any restrictions, or do anything that would void your right to file complaints.  In other words, do not start making repairs, if you do not have permission and possibly destroy evidence before it has had a chance to be properly dealt with.

Do not guess on any of these issues.  Always seek Professional advise and get everything in writing.
I am not a lawyer, and my comments are not to be taken as legal advise.  

But, as to the structural issues that you raise, there are solutions to each of your concerns.  You just need to find out how much pain is worth the benefits of the various solutions.  That's the hard part.

Good luck and I hope this has helped you.

John B McKenna,CMI
Certified Master Inspector
American Home Inspection
http://texas-inspection.com
888-818-4838