Buying from Builder

[k0skinne]

Hello, I am new here.

I bought a house in November 2008 which a builder had built and lived in himself. He had lived in the house about 1 1/2 years. Above one of the interior doors a crack has developed in the sheet rock. The builder came by and checked it and mentioned that this was a common problem caused by a design flaw.

He now has said that it is my responsibility to pay. To repair the crack may not be that much, but then it will need to be repainted and now I am getting in to some more money.

I am under the impression that the builder would have to repair the issue, since I have been in the house under one year.

Any advice or help would be appreciated.

Thanks!

 

[dee_dub]

I don't know the specifics of Georgia law. Why do you have the impression the builder would have to repair it since you've been there less than one year? Granted, you bought it from the builder, but it may not have been "new" when you bought it and might not be under warranty.

 

[k0skinne]

Thank you for the reply.

I am not certain of the GA law either, however, I do know that it is common practice in our area when you buy a new home, the builder will cover structural issues for the first year.

The builder lived in the home for a little over a year before selling it to us. He told us at the closing that anything structrual would be covered for a year. That was November 2008. Alas, nothing about any of this is in the closing documentation.

When the crack appeared, I called the builder. He came by and said that it was a common problem with that type of design. He would contact someone to get them out. Well, that someone contacted me about a month and a half later and offered to do the job at his cost, but that the builder had said that I would pay.

I don't want to be a jerk about the thing (I live in the same neighborhood as the builder and our children go to school together). I just want to be treated fairly. Personally, if it were the other way around and I knew that it was a common design problem, I would feel somewhat responsible and pay it.

Again, thank you for any advice.

 

[dee_dub]

So there is no warranty per se on the home - just the builder's own (oral) guarantee that he would fix it.

I would explain to him that one of the conditions of the sale was his representation to you that he would warranty structural defects in the house for a year. Unless he can provide a good explanation why this particular defect is not his responsibility, you expect him to make good on his warranty.

Your alternative to convincing him to honour his promise is to sue him on it in court. That'll be your word against his.

 

[k0skinne]

Thank you . . . that is what I was afraid of . . . thank you for the advice.

 

[jharris352]

I ran a mortgage company for 15 years in GA. Without an express written guarantee the builder has zero responsibility for that house after you buy it. If you have a written guarantee then fine, else you have no guarantee at all.