House under construction - big mistake is it unreasonable to..?

Question

My house is currently under construction...we paid $11k for a covered patio and it is totally messed up. The beams are each sitting a few inches off the concrete and the patio is way off from being centered on the concrete slab. I asked our builder rep about it and he said it is structurally safe and that all they can do to fix is to add more concrete but it would chip away anyway. the patio looks horrible and way different then the model home we had viewed before purchasing.

We went to another home site and their model home has the same patio problem but we can see where they added the concrete and its already chipping away (house less than one year)

Is it unreasonable to request any of the following:
A) fix the patio BUT we want a written guaranty that they are not just going to add concrete they KNOW will chip away - we want it fixed right - possibly rebuilt
B) the price of the patio taken off the house
C) our money back in FULL - including earnest money - their fault

Answer 1

A and B is most likely what the builder will agree to, but I would push for it to be corrected the FIRST time.

I would take pictures of the model home and the flaws in your home...and I would threaten to sue if they don't fix it, because that is a bait and switch.

Sometimes what happens is one company will build the model home and then they'll lose a contractor and hire another that may be substandard...that is why some of the work may be different.

That would not be acceptable to me by any stretch of the imagination.

Special language in the contract that states that they have to build it like the model is NOT necessary. The model is to demonstrate on what you can buy, and if you buy that option, then it is a LEGALLY reasonable that the quality and appearance is IDENTICAL.

If that were true, then that would leave builders open to slap up anything they want, however, they want, and force you to close on it.

That doesn't happen.

PS: Keep in mind that the sales rep DOES NOT work for you...they work for the builder. You need to call the sales manager and have a meeting with them and the production manager.

Answer 2

Dealing with builders is a nightmare. Did you pay in full up front ? If so, that tends to remove your leverage. Probably what you should do is quickly run over to where you saw the GOOD patio and get a LOT of good pix, including ones WITH the front page of your local newspaper in it so that there's no BS about what date you took the pix.

This will cost you money, but might be worth it: a home inspector or another contractor willing to write up that the patio is just not professional quality.

Where ever you live there should be something called a "Registrar of Contractors" or something close to that where you can file a complaint.

Did you have a buyer's agent when you bought your house? Sometimes they're good at this sort of thing.

I think your three options have merit. I suspect A is your most desired option (it's doubtful B will happen and if you have garbage there it has to come down anyway as it's a major turn off to a potential buyer and who knows if it IS really structurally safe? Lots of people say lots of things even when they're supposed to have expertise.)

C I'm unclear on--you mean for the house itself? If so, I don't think that will happen for a lot of reasons including a patio isn't essential, can be fixed, etc.

I suspect you're going to need a helpful pro to resolve this so you will be out some extra bucks in all likelihood. You might also try speaking with the other people getting a substandard job--sometimes two will get their attention and/or maybe you'd split the cost of getting a pro's evaluation. I assume the two locations are fairly close.

Good luck. You'll need it.

Answer 3

Well, my biggest writing mistake was not being able to see the holes in my plot until AFTER the editor rejected the book. That's the one I regret the most. But my biggest mistake during the writing process.... was not realizing that my hero, at the beginning of the book, was where he was supposed to be (emotionally) by the END of the book. IOW, I didn't give him any room to grow. the way he acted and the way the heroine described him was completely contradictory. If I want to finish this book, I have to completely rewrite the first three chapters (some 60-odd pages). And the thought exhausts me. I've given up at this point in time. It'll have to stay there for a while.

Answer 4

Much will depend on what is in the contract and what it covers. Hopefully, the language in the contract is such that your home is to be either identical or a mirror image of the model which you viewed. Other than that, it should include notations that the structure be built to a specific set of plans which you, as buyers, approved. If that language isn't there, it might get dicey, and you should seek legal counsel.

Good luck !

Answer 5

C

If your builder isn't going to fix the problem, then you state that you do not want the house. period. You are paying for a product and you expect it to be done a certain way. Would you buy a new car that had bald tires or was leaking gas? No, you wouldn't.

don't let then scare you into buying something tha you do not want.

Answer 6

Just hire someone else. When my house was in construction we hired someone to do all the stairs in our house. They did a horrible job the stairs were creaking and crap so we took everything down and we dumped the waste on the guy's property. We hired someone else who did an excellent job.

Answer 7

I would think that b would be best...but before doing anything, I would speak with your attorney. They will probably have much better insight.

Answer 8

i would try for all of them, you should get at least one of them..its not right if they dont do the job right.

Answer 9

they should build it correctly at no extra charge to you