Home Buying in 02540>Question Details

Miriam, Home Buyer in Falmouth, MA

Can I hold the builder responsible for poor craftmans ships 2 1/2 years after date of purcahsed?

Asked by Miriam, Falmouth, MA Thu Oct 23, 2008

Since I bought my brand new condo in Jul 2006 - I have had every kind of water problem - everytime it rained for a 1 1/2 straight my basement would get flooded - The builder would come out and try to fix it - but then it would just come back. The took out 2 of my 4 windows, and that did the trick for a little bit, but you can tell they are going to leak soon too - they have white stuff growning all over them. most recently I just got a big crack in my foundation - that leaks a small amount of water. I called the Builder, and they never called me back. My house is an Affordable house, and I feel the Builder and the Seller, where out to make a buck, and did not do a good job with my foundation - do I have any recourse.. it has been a constant probelm since day 1

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Melissa Mancini Bonito’s answer
Miriam,

If you have documentation that these things occured within the first year of construction, you should be covered under the MA standard builder's warranty. If the builder is being un-responsive, I would consult with an attorney.
Web Reference: http://MelissaBMancini.com
1 vote Thank Flag Link Thu Oct 23, 2008
Hi Miriam- I'm sorry for your problems you've been having. I was on the other side of this for many years- working for a developer.
Just to clarify- a foundation leak usually is not a structural problem. 90% of the time. The water leak can be fixed for about $800 -$1000 by calling a foundation repair contractor.
If the builder is still in business- which is not a given as the weeks go by- they almost certainly have zero money available to pay to fix any of your issues, even if they are legit issues and original warranty problems. Check out how YOUR warranty is written in your P&S when you bought the place.
In a practical sense, if you have a family friend who is an attorney, you should have them write a letter to the builder in a harsh tone and then you will see the builder make the appropriate remedies- most likely. You have to stand out from the crowd. My guess is you're not the only former buyer who has been calling them with warranty issues.
Thanks, and good luck,
Ken L.
0 votes Thank Flag Link Sat Oct 25, 2008
if the warranty is up a you will have to prove there is poor workmanship, that they knew and did nothing to fix, you should see a lwyer for advise if someoen will take the case for you. good luck
Web Reference: http://www.ScottSellsNH.com
0 votes Thank Flag Link Thu Oct 23, 2008
Do you have a condominium association? Is there an organization that takes care of the units? Usually condo fees cover any exterior work( windows, siding) -did you have an inspection prior to your purchase?
I would go to the association - and notify them in writing of the structural issues
0 votes Thank Flag Link Thu Oct 23, 2008
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