Is builder responsible for fixing new home that is not up to code?
We are currently purchasing a new townhome and after the offer was accepted, we had our home inspection. The home inspector found several issues that need to be fixed due to shoddy building (like putting in a spa tub but not putting in the motor or an access panel and not hooking up the dishwasher) and stated that some things are not up to code (like the location of the upstairs dryer vent). Is it reasonable on new construction to expect the builders to fix these issues due to poor construction or should we be ready for a "split cost" situation?
Asked By: fitz19teach - 4/25/2008
Best Answer - Chosen by Asker
I sold new homes for the past 4 years. This falls squarely on the builders shoulders. You should have those items repaired before you close. Sometimes they will disagree with you on which building code book is being used, so be sure to contact the city code enforcement office and be clear on these issues just in case... More
Answered By: Real Estate Diva - 4/25/2008
Additional Answers (10)
The builder should make the repairs. I hope you had an inspection contingency clause in your offer.
Answered By: src50 - 4/25/2008
The builder has to fix those issues. If they are not fixed the city will not issue the final and it will not be legal to reside in. There is no splitting, this is 100% their issue.
Answered By: Landlord - 4/25/2008
I am hopeful that you wrote the contact up as "contingent upon an inspection?" If you did, then it's a point to be renegotiated with the builder. If not, you stand to lose your earnest money if you back out of the deal... More
Answered By: alterfemego - 4/25/2008
The builders, being the sellers would be responsible for this. You won't get an occupancy certificate without the final inspection from the city. If there are code violations, the builder MUST fix those and anything else your inspections reveals. No split cost should be necessary. You are buying a NEW home and there... More
Answered By: The Cat and His Human - 4/25/2008
The builder is 100% responsible for these repairs... More
Answered By: Real Estate Guy - 4/25/2008
If it is not up to code on a brand new home He should be required to fix the problems (Check Local and State laws). Shoddy building situation he is not required to fix... More
Answered By: Bob B - 4/25/2008
Make sure to have the inspector re-inspect the issues after they are completed. I agree as we have had inspectors call things on our new construction that are up to code and the inspector had outdated expertise... More
Answered By: Dawni Do Right - 4/25/2008
You said town home so I am assuming he has built a whole neighborhood. If this is the case than probably all the homes have problems like yours. Soon there will be so many law suits that your builder will go bankrupt or just disappear. And you will be left with nothing but problems. Run... More
Answered By: Ross - 4/25/2008
The builder should make the repairs - you shouldn't have to pay anything. Furthermore, the builder should have provided a warranty on the house to protect you from any future defects like this that are found in the next year or 5.
Answered By: PoohBearPenguin - 4/25/2008
Ok...you have to PROVE that they were not up to code... More
Answered By: Expert Realtor - 4/25/2008
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