HomeOwners for Better Building - New to the site and need some help...

Ximena

Newbie

Posts: 1

« on: July 26, 2007, 10:15:32 am »

Hi all~

I am new to the site and need to file a complaint againist my builder. Long story short.. downstairs flooded took them 4 weeks to repair. Husband works from home, could not conduct business and lost his job. Builder does not want to compensate us.. Need to get an attorney involved Sad

Thanks for all advice and help!
Cheesy


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Jane Doe

Full Member

Posts: 185

Re: New to the site and need some help...

« Reply #1 on: July 26, 2007, 11:45:46 am »

What state are you in? In some states there is a very specific process you have to go through, generically known as "right to repair law," or "Notice of Opportunity to Repair law," (NOR). In TX it must go thru the Texas Residential Construction Commission (TRCC). In states that license, you may have to start there. Sadly, some lawyers don't even know the state HAS a right to repair law yet, as they just started passing a few years ago and each year more pass it. Right to Repair law is very builder friendly as is the TRCC. IMO they're a sham intended to protect bad builders who are NOT rare in this industry.

You will need to find out what your state's law is and proceed from there, and if you have an arbitration clause in your contracts you CANNOT sue your builder under hardly any circumstances. (Right to repair laws also inhibit suing)

If you have a 3rd party warranty policy, (common on new homes now), be careful not to invoke it without thought. The policies almost always protect the builder and almost always force you into arbitration. (One exception re: warranty company arbitration is if you bought FHA or VA. But don't count on these companies to obey the federal rule that says they can't force you to arbitrate because of FHA/VA financing, you have to fight to enforce it.) Also,the warranties have many exclusions so it's very possible the defect your house has isnt' even covered.

I think if people know your state, someone who's familiar with it can direct you to some resources. I'm not from TX but the TRCC is known widely now for it's builder bias, and I'm sure the people here can tell you more if you're in TX.


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rrj

Sr. Member

Posts: 301

Re: New to the site and need some help...

« Reply #2 on: July 26, 2007, 02:51:47 pm »

Hopefully what Jane said applies mostly to getting repairs done. It appears the builder made the repairs. Your issue is losses from the damages, if there is negligence. I would think you need something more like a personal injury attorney if negligence in construction caused personal losses. Hopefully MBA warranty clauses or the TRCC couldn’t be evoked over this issue. If so, that’s way too far reaching for what should just be warranty issues in their contracts. But all things are not as they should be with builders.

That said, we had a similar situation, with most of our losses coming from the consequences of builder negligence. Getting the attorney, even on contingency, just caused more losses. The builders seem to have their own private justice system, even if you escape the contract clauses. You and I can be held accountable for negligence, but they still aren’t, or so it would seem.

If you can't file suit, I think there’s very little you can do about lost income. I would try to get an attorney on contingency, if the lost income is documentable and worthy of the attorney's time; attorneys don't exactly fight for your rights as generally advertised, they fight for their cut as that's how they get paid. I think your current issue might simply fall into, can you sue, and is it worth it to the attorney if so.


« Last Edit: July 26, 2007, 05:14:33 pm by Ron Jackson »	Logged

I reserve the right to make as many errors in my statements as builders make in new home construction.

marc

Global Moderator
Hero Member

Posts: 527

Re: New to the site and need some help...

« Reply #3 on: July 30, 2007, 05:48:05 am »

My losses are insurmountable. Like Ron, almost everything I had is ruined. Worst part are my family heirlooms, my dad's WW11 memoribila. collectible books and on and on. My builder Legend Homes couldn't care less and they take no responsibilty.
Why should my insurance cover the losses these people incurred on me? They should pay but when you loose things because of shoddy construction the losses are just that, your losses.


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