Home Buying in Paramus>Question Details

Kang, Home Buyer in Paramus, NJ

Home Inspection Problem

Asked by Kang, Paramus, NJ Sun Nov 11, 2012

We had a water leak in the water pipe underneath the bath tub during home inspection. This was a brand new construction! The pipe wasn't sealed, a mistake made by the plumber. Should I continue to pursue the house? Can I require the builder replace any soaked Sheetrock that we saw? He said he would replace anything that "needs to be replace". I want everything replaced.

Also, is it reasonable to ask the builder for some credit or money back? After the flooding, I just don't feel like paying the original price: the house has been partially flooded. What are my options here?

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Liz Santos’ answer
Kang,
I had replied to an earlier post of yours; I remember your name. Tell me, do you have financing already? The reason I ask is because your mortgage loan originator and realtor should be answering these questions and advising you. It's a bit concerning that you are seeking answers from strangers on the internet at this stage of the game. If one of my buyers was doing that, I'd be very worried.

If you do not have financing in place, call me. My contact information is available on my web page.
http://www.lizsantos.rhfunding.com

I wish you luck.
0 votes Thank Flag Link Mon Nov 12, 2012
BEST ANSWER
You are certainly within your rights to request that all damage and items that failed inspection be replaced/repaired and restored to new condition, which is what your offer price is based upon. However, while you can ask for a discount, it's not likely that the builder will feel kindly about it. Your contract probably has final sale based upon the contingency of the home inspection. If the builder does not remedy the problem, you can probably walk away (check with your attorney), but a credit in addition to the remedy would be changing the terms and not something the builder needs to do. If I were the builder's agent, I'd recommend giving you the choice of credit or repair. You can certainly ask but "not feeling like paying the original price" is not a contractual right. Final word is, check with your attorney on the language of the contract.
Wishing you the best!
Leni
0 votes Thank Flag Link Sun Nov 11, 2012
Thanks so much guys. I love this online community. We still like the house, the quality and detail are excellent. It was just very hard on us to see such a careless mistake in a brand new construction. This is like selling a new car, you tell your customer is car is ready for the road. When the engine starts, the left front wheel falls off....

How can we detect mold a couple of months later? Is plumbing covered in the New Home Warranty here in NJ? Is mold covered as well?
0 votes Thank Flag Link Mon Nov 12, 2012
You asked if you should continue to persue the home. Do you still love it? Were there any other issues with the inspection? What does your Inspector advise? Do you feel the quality throughout the home is high, and that this event was an exception? And of course, how extensive was the flooding. If it was extensive, then mold may indeed be an issue, as Carmelo suggested
0 votes Thank Flag Link Mon Nov 12, 2012
there could also be mold to address. (other hidden defects) All damage should be properly addressed. Speak with your inspector and attorney. There is also a new home warranty. You really want to see how well they address this since you havent even closed yet. Check with owners of others he has built and ask if they have had similar issues and if so were they resolved. You can always ask for a credit due to the inconvenience but again your lawyer will advise you of your rights.
0 votes Thank Flag Link Sun Nov 11, 2012
You should certainly have the builder fix any issues to your satisfaction, the house is under a builder's warranty that protects you during the first few years of home ownership. As for your options, I would advise consulting your real estate attorney to negotiate on your behalf, especially considering your faith in the quality of construction has been compromised -- but remember, anyone is entitled to make a mistake, no construction will be perfect. If the builder came highly recommended and you checked out the references, then just have your attorney come up with solutions for you to consider.

Bottom line, if you love the property and the house, pursue it. If you feel you want to walk away, then do so now before going further.
0 votes Thank Flag Link Sun Nov 11, 2012
Most likely while the property was being sheetrock perhaps a screw must have hit the pipe best thing is to have the Builder repair that pipe and replace the sheetrock
0 votes Thank Flag Link Sun Nov 11, 2012
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