New home Brick Color / Pattern Problem

Asked by Prasad, Alpharetta, GA Wed Nov 28, 2012

Hello All,

I have bought new home in forsyth county it is still under construction. After Brick installation is completed I saw noticable dark and light color patches of bricks instead of pattern that Old Norcross brick will offer. I asked Builder about that and he said yes he notice the problem but there is only one option to stain the brick. I asked them to arrange meeting with Builder and Brick dealer theen brick dealer said they can only stain the brick. The bricks are wrong on all over house and not only one place.

I read the warrently on Brick (Hanson Brick) it is 101 year warrenty and the problem does not fit into exclusion so it can be very well be address by Brick company but Builder and Brick dealer are saying that there is only one option of staining brick. I asked them to launch complaint with brick company and have them take a look and give resolution but no word on that...

What should I Do ?

Please help

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Answers

24
Kristin Joyn…, Agent, Dacula, GA
Tue Dec 3, 2013
Bricks are sold in pallets of runs. If the bricks used where from different runs, it can great a noticeable difference. Most brick layers mix up the bricks from several pallets to eliminate this issue. There is a house in my neighborhood that has this same issue over the garage, I think I am the only one that notices. The only other thing I can think of is if the builder used a brick that has a tumbled layer on top, if it is whitish, beige. That tumbled layer will and can come off if the brick is acid washed or power washed. If that is what happened there is nothing that can be down but remove the brick. Good luck!
1 vote
Hank Miller, Agent, Alpharetta, GA
Wed Nov 28, 2012
Some excuses have better effective ranges than others...the idea that Prasad was lured in by a kickback from "his" agent is a pop gun excuse with a range of about 1 inch. This is a common offering from many worthless agents and unfortunately it's very very tempting to buyers. Many times nothing happens - unfortunately this isn't one of them. Prasad was bitten and there's really no one to blame - now the focus has to be getting out of this.

As I like to say, if a client of mine walks out of a closing and says "what did he do to earn that commission" then I know I've done a good job. Boring is good.

Prasad - if you need a lawer drop me an email
Web Reference:  http://www.hmtatlanta.com
1 vote
Hank - the maximum effective range of an excuse is zero point zero meters.
Flag Thu Mar 13, 2014
Hank Miller, Agent, Alpharetta, GA
Wed Nov 28, 2012
This is so frustrating to hear. Prasad I cannot tell you how this annoys me....and you are partially to blame.

At the risk of rubbing salt into your wound, why in God's name would you use an agent recommended by the otehr agent?? And what discount? You're using a buyer's agent that is paid by the seller - there is no cost to you so what refund? Now if you're talking about getting money back from this agent....well then you clearly valued that over a professional agent.

Contact the managing broker and raise a stink - you put yourself in a tough spot and you might need an attorney to effective fight this. I would not however, give in on this - you need to hold them to standards
Web Reference:  http://www.hmtatlanta.com
1 vote
Hank Miller, Agent, Alpharetta, GA
Wed Nov 28, 2012
This just in - most agents are all but worthless.

I hope that Prasad took the time to properly qualify his agent and verify all of the wonderful things that he was told. His observation that he thinks the agent is aligning with the builder is not a good sign....

Time to drag in the managing broker....hopefully that managing broker is actually in the real estate business and not some discount hack
Web Reference:  http://www.hmtatlanta.com
1 vote
Hank Miller, Agent, Alpharetta, GA
Wed Nov 28, 2012
Why are you letting your agent off the hook? You need to have things suspended until this issue is resolved, and your agent is in the middle of this. Why would you not put them to work if they represent you? Have you contacted them? Their managing broker?

If I were you, I'd be slow to spend money on an attorney before exercising all other options - remember - you're represented so make them work.
Web Reference:  http://www.hmtatlanta.com
1 vote
Hank Miller, Agent, Alpharetta, GA
Wed Nov 28, 2012
I had an issue about a year ago with improperly applied cement siding. Specifically, they caulked all of the joints and had other installation gigs which are counter to the company installation instructions. We detailed everything in writing and went through the agent, builder and involved the supplier. In the end we extended closing and clearly stated that we would not close if the issues were not corrected. There reinstalled the siding at their cost and we closed.

If you have an agent, they need to get busy. If you don't have an agent and are expecting the site agent to fight this.....you are likely to have an issue as they represent the builder. If that's the case, might need to lawyer up....

Hank
Web Reference:  http://www.hmtatlanta.com
1 vote
Lee Taylor, Agent, Decatur, GA
Wed Nov 28, 2012
On a scale of 1-10, with ten being "I will never, ever close on the sale of the property and I am willing to lose my earnest money and all construction deposits," what is your current score?

Tell that to your Realtor.

If you did not hire a Realtor, then finding help for your local, specific, hyper-unique, design and finish problem is entirely up to you and no impersonal, online forum like Trulia Voices will be able to address your problem...
Web Reference:  Http://intowninsider.com
1 vote
HackedGame, Home Buyer, New York, NY
Thu Mar 13, 2014
0 votes
Prasad, Home Buyer, Alpharetta, GA
Fri Dec 7, 2012
Hello All,

What a week, It was real Battle. Here is what new. Builder and officials excepted that there is a problem with brick color and Provided me three options

Option 1 – Apply brick stain to the home to eliminate the color deviations. As stated before, this is the remedy that is accepted within the industry, and will fully maintain any and all warranties from Hanson Brick. For reference, I have included the documentation.
Option 2 – Builder will allow you to transfer your earnest money to another home site where we will build you another home within same or other community. (Not sure if the pricing will be same.
Option 3 – Builder will allow you to cancel your contract on your current home and reimburse you your earnest money deposit.

In response I wrote strong email yesterday to CEO of company and explained him situation and told him that he is my last resort to correct the problem by replacing the bricks or else I have to contact seek legal advice. Magic happened and VP of the company called me today and talked to me but he discussed the same options. I took a stand of replacing bricks as there is no other better option to select another home. He agreed to talk to Hanson Brick Company and find out what can be done. I put forward my other concern that the Hanson Brick company (Quality Director) is giving me 101 Year warranty on Staining – “ Is he really authorized to do that?”. VP of the company is finding out what better can be done. Let me know your opinion what is the better option to choose.

1. Take New home in same Price.
2. Chase Issue of getting Brick Replaced (I really liked Location and house)
3. Get Staining done and get deep discount (may be 20 – 25 K)
4. Or Walk Out
Your help is much appreciated

Thanks

Prasad
0 votes
Prasad, whcih otion did you choose finally?Did you consult a lawyer?I am in a similar situation and just curious how it finally ended?
Flag Tue Mar 19, 2013
Hank Miller, Agent, Alpharetta, GA
Fri Nov 30, 2012
blah blah blah - and what happens when Hanson Brick is no longer in business? You do not stain brick for a number of reasons.

As we discussed, either get what you paid for or demand terminatation of the contract with all buyer funds returned.
Web Reference:  http://www.hmtatlanta.com
0 votes
Prasad, Home Buyer, Alpharetta, GA
Fri Nov 30, 2012
Hello All,

Builder got warranty Letter from Brick Company content is as follow; I am not confortable with this. I am meeting lawyer today ... any suggestion.

In order to remedy the color variation on your home , Hanson Brick shall, in accordance with standard procedures within the brick industry, and pursuant to the terms of our Century Plus Warranty, taken corrective action by staining the brick in order to provide a consistent color that will meet with customer satisfaction.
This technique is well established and is based on the use of special stains, which have been carefully formulated to allow the color pigment to be absorbed into the brick. Staining will be performed once the walls have been cleaned and are dry by an approved contractor, with a long history of experience and success in matching the desired color of our product.
The color correction achieved by staining the brick and resulting aesthetic quality will be warranted for the extent of Hanson Brick’s Century Plus Warranty (101 years). As the contractor of the remediation, any issues over time with the stain will be the responsibility of and should be addressed directly with Hanson Brick.
Please let me know if I can answer any additional questions you may have.
0 votes
Prasad, Home Buyer, Alpharetta, GA
Thu Nov 29, 2012
Thanks Hankm Ken,Lee,

You guys have given be good advice and support. I will not back out and get staining on thje brick. I have asked sales Rep to setup meeting with Management. I will provide them all details and explain the situation. I will ask them to change bricks. I am talking to lawyer tomorrow to discuss my legal options. I have invested enough time and emotions to get this house.

I will update you soon.

Thanks

Prasad
0 votes
Ken D'Ademo, Agent, Milford, CT
Thu Nov 29, 2012
Prasad, I come from a family of masonary master craftsmen, and am very familiar with masonary, everyones answer has you contacting an attorney, and I totally agree with that. From a masonary perspective, staining brick would be a very bad move,once something is no longer natural, you will need to maintain it. Meaning,over time the stain will show signs of wear and will need to be applied again. It is very difficult to stain brick without staining the joints. Get an attorney ASAP,and not one recommended by your agent, broker or builders rep...If your agent or his/her broker are not supporting you, you can lodge a complaint with the GA Real Estate Commission.
Best of Luck
Ken D'Ademo,GRI,CDPE
Assoc. Broker
Keller Williams Chattahoochie North
Ph: 678-542-1967
0 votes
Lee Taylor, Agent, Decatur, GA
Wed Nov 28, 2012
Hank - what is the maximum effective range of an excuse?

Prasad - you are a busy parent - don't over-analyze and second guess.

Hire some real help and let them lead you to a win/win.
0 votes
Prasad, Home Buyer, Alpharetta, GA
Wed Nov 28, 2012
Hello Hank/Lee,

Big story short... I followed my 3 other friends who bought house in same community luckily they have had no issues like this. At the time of buying I had new babyand I got too busy in that so I just followed them not expecting such problem. I realize my mistake now it may be too late. Agent told me that he will share some of the % from seller toward my closing. Transaction is not completed yet so I can ask Agent to not to make any contribution but work form me. But again I cannot trust that agent that looks like work for Seller.

I will talk to Agent and Managing Agent to see what best can be done. I am in a process to get Lawyer that Rick has suggested also I have contacted Frank Hamilton (Cumming).

Any more suggestion for Lawyer...

Thanks for help

Prasad
Prasad
0 votes
Lee Taylor, Agent, Decatur, GA
Wed Nov 28, 2012
I just keep giving Hank thumbs ups...

That being said - if all of us had the candor and succinct brainpower of Hank, then the real estate world would be a better place, and rinky dink agents and their so-called friends wouldn't misrepresent, mislead and take advantage of consumers like Prasad.

Regardless - Prasad, follow Hank's lead - it's up to you to get yourself out of this.
0 votes
Lee Taylor, Agent, Decatur, GA
Wed Nov 28, 2012
Agents are responsible to the standards of their broker and vice versa.

Hank nailed it once again - Prasad, good luck.
0 votes
Prasad, Home Buyer, Alpharetta, GA
Wed Nov 28, 2012
Hello Hank/ Lee,

I not in good situation from the Agent side. When we first saw property and showed our interest in property. That time sales rep asked us to use Agent that she knows and Agent gave us discount.. Agent is ready to work with me if I pay.I am not sure that how much agent will work for me.

I will talk to Agent and see what can be done?


Thanks

Prasad
0 votes
Lee Taylor, Agent, Decatur, GA
Wed Nov 28, 2012
I can't believe that Prasad's agent doesn't own this, can you Hank?

Prasad - make 'em work.
Web Reference:  Http://intowninsider.com
0 votes
Prasad, Home Buyer, Alpharetta, GA
Wed Nov 28, 2012
Thank you all for your reply.

I think my agent is working more on builder side. My builder have given me two options, Get brick stained or walk away. I am not willing to leave house. any suggestion to find good lawyer.

One more detail I want to add is, brick dealer says that it is there problem and they will stain brick on their cost and the staining will have 25 years of warranty that will not void brick warranty he do have 101 year warranty on brick from Manufacturer then why to go different path first contact Brick company. I do not understand that what dealer has to do with repair work. He is just a dealer to brick bricks from Brick Company. I called Brick Company and they said that I need to ask dealer to launch written complaint and they will look into this.


Please let me know any lawyer ...

Rick I will email you seperatly for this...

Thanks

Prasad
0 votes
Rodney Mason, Mortgage Broker Or Lender, Atlanta, GA
Wed Nov 28, 2012
That is going to be more of a question for your Real Estate Agent. Once you are under an agreement with an agent, other agents cannot give you advice. Consulting with a real estate attorney might ultimately be a consideration to make.

You are not going to find accurate advice in a forum like this.

Regards,
Rodney Mason, NMLS #151088
Sr Loan Officer
Prospect Mortgage
825 Juniper St NE, Atlanta, GA 30308
Office: (404) 591-2453
rodney.mason@prospectmtg.com
Apply Online at http://www.rodneymason.com
Licensed in Alabama & Georgia

Prospect Mortgage offers a full selection of mortgage programs including:
Conventional | FHA | FHA 580-639 FICO | FHA 203K Renovation (Streamline & Consultant) | HomePath® | HomePath® Renovation | HomeStyle® Renovation | VA | USDA | GA Dream | Jumbo Financing
0 votes
Rick Musto, Agent, Roswell, GA
Wed Nov 28, 2012
It will always get down to the contract and when that happens you should consult a real estate attorney. Send me an email and I can refer you to some good ones. Good luck!

Rick Musto, Managing Broker
Buckhead Home Realty
770-480-7699
rmusto@buckheadhomerealty.com
0 votes
Katherine Mo…, Agent, Alpharetta, GA
Wed Nov 28, 2012
Find a good attorney who specializes in this type of business and bring him your contract for review. Most likely once the builder and brick contractor see you are really serious about getting them to fix this problem, you should get a resolution.

Good luck.

Katherine L. Morrison, Realtor
Broker/Owner
Team Realty Group
Alpharetta, GA
404-697-4626 (direct)
kathy@chipandkathy.com
0 votes
Michael Hamm…, Agent, Suwanee, GA
Wed Nov 28, 2012
Lee makes a couple of good points, prasadtamhankar65. How serious are you (and your Agent/Broker, not the Builder's Listing Rep) about walking away from your Earnest Money over this issue? Also, what does your New Construction Purchase & Sale Agreement state? Your side of the table negotiated it, right? No one here who is totally unfamiliar with this specific situation and details of your Contract can likely help.

Michael Hammond
SellsRealty@gmail.com
404-538-5499

http://www.georgiamls.com/agentsite/index.cfm?SiteID=HAMMONDJOHNM

http://www.chapmanhallprofessionals.com

http://www.SellsRealty.org

http://www.city-data.com/

http://www.greatschools.org/
0 votes
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