Expert: Jessica Bryan - 7/20/2006

Question
Hello, I have a question.  I just bought my first new home, and am just about fed up with the issues we have had.  The main one is that the Cooling system in our house has started leaking into the kitchen, for a second time, after it was supposedly fixed.  The crazy thing is that its not only happened in my house but in 3 on my neighors houses also.  The builder says they will fix it again, but honestly I am afraid its just going to happen again.  But if its happening in many houses, couldn't be some kind of defect.   Is there anything we can do?

Answer
I assume that you have a 1 year warranty that covers things like this.  I would talk to the builder and impress upon him that something further needs to be done (beyond the things he has already tried.)  Worst case scenario:If he is unwilling to do more then it may be time to threaten banding together with the neighbors and talking to an attorney.  However, don't be too hasty since he has fixed it once and since it is leaking again perhaps he will look further this time and see what the cause is.  I am sure that he is aware that there is some sort of defect and has perhaps already talked to the air conditioning people about it.  I do find that being polite but persistent is the best way to handle these problems.  If you are approaching the end of your warranty period, make sure that you put in writing everything that is unresolved and send a certified letter to the builder (retaining a copy for your files).  No one wants to go to court over these matters, but keeping good records can be vital in the event the situation is unresolved and legal means are employed.  Again...I just want to caution that patience and persistance are the best ways of resolving the issues rather than legal threats so don't use those until all else fails.

Good luck,
Jessica Bryan