Expert: liznarr - 10/8/2007

Question
We purchased a home in May 2006 that was built in 2004.  We paid $373,000 for this home.  My question is Should a Real estate agent advise the buyer regarding the "windows" in a home of this caliber?  I realize "buyer beware" BUT when we purchased this home we didn't realize we needed to check to see if the windows had a warranty - well they do NOT!  Plus the builder can't come up with a bill of sale for the windows.  Now we have a practically brand new home and found out that we have NO warranty on any of our windows!  How can a builder get away with putting in low-grade windows just to cut a few corners?  And wouldn't a GOOD realtor advise you that you don't have Pella/Anderson/any other reputable windows in your home?  
Thank you for any response you can give to this question.

Answer
Hi Brenda,

A Realtor may not know what type of windows a builder has installed in a home unless they are specifically labeled.  If good windows are a priority when purchasing, buyers should have language in their Contract that this is to be disclosed.

If you had a Realtor representing you in your purchase, ask your Realtor to get involved and help you find out what type windows you have.

Hopefully, whether buyers purchase a new or almost-new home, a qualified home inspector is used for an inspection.  If you had a home inspection done, call your inspector and ask him if he has a clue as to what brand windows are in your home.  At any rate, a good home inspector should have noted any problems with windows.

If your home is practically brand new, I think the builder is fudging with you.  Of course he knows what type of windows he put in your home, and I’d take bets that, somewhere, he has receipts or invoices for everything that went into the home.  He would almost have to in case of an IRS audit to document his “basis” in the home.

Possibly you could find out where this builder is currently building and ask the site agent of any of his homes currently under construction what type of windows are in the homes now being built.  Hopefully, they will be similar to yours.  You could also call some local builder supply companies and describe your windows and see if you can independently determine what brand they are.  Any manufacturer’s warranty will cover only the window itself, and not the installation – which would be the builder’s responsibility.  

Most states have laws that dictate how long a builder is liable for his work, and what is covered.  Generally, you always have a one-year warranty for workmanship, and an extended period for structural issues.  

Check with your state’s Contractor Licensing Board to see what the builder’s structural warranty period is in your state and what items are specifically covered.  Since your home is almost-new, you might even ask if they can assist you by calling the builder for the brand of windows installed in your home since the builder is not cooperating with you.

Your question as to how a builder can get away with putting in low-grade windows to cut corners should be a permanent reminder that too many builders cut corners and will disclose “grades” only when asked.  As long as windows meet minimum standards of several different codes, there is no requirement that a builder go above and beyond the minimum.

Unfortunately, many people find this out after-the-fact and many times only when a major problem surfaces.

I hope the above is helpful and points you in a direction you’ve not yet gone.  Good luck to you, and feel free to write again if you have additional questions.

Regards,
Elizabeth