Well, maybe. As my politically savvy home-inspecting colleague Genius Pete points out, state legislators rarely, if ever, consider how a new law might help their constituents. Pete says that the mind of your average state legislator is seldom troubled by the thought, “How can I help the people?” More likely, a legislator thinks along the lines of, “Exactly how much waterfront property, free food, liquor and cash money is in it for me? And how many escorts and jet plane rides?”

Maybe it’s different in Washington. I hope so. Here’s what Washington state Sen. Brian Weinstein says: “Homebuyers in our state have little or no rights. If the home is defective, if there are structural problems, water damage, anything like that, they have no rights.”

If the “bill of rights” becomes law, builders in Washington state would be required to provide a minimum warranty that the house is:

• Free from defects in materials and workmanship for two years.

• Free from defects in the electrical, plumbing or heating/air conditioning systems for three years.

• Free from defects that permit, or without repair will lead to, water penetration for five years.

• Free from any structural defects for 10 years.

Sounds pretty good if you’re a homebuyer. But the builders see it this way: “This appears to be a solution looking for a problem,” says Sam Anderson, executive director of the Master Builders Association of King and Snohomish Counties (MBA). “If there’s a problem, let’s figure out what it is before we run off with a solution that could adversely affect everybody in the long run.”

I can help builder Sam with this one, since there’s not much to figure out. Just build houses right. All you have to do is make sure houses conform to the building code, which is a minimum standard. Anybody with the designation “Master Builder” ought to be able to do this with no problem.

My home-inspecting colleague Chicago Kurt offers this insight into builders’ warranties: “The one-year warranty in Illinois is worthless. The sorts of things most folks would want covered under warranty are things most builders are incapable of providing—flashing, weather-resistant detailing, properly designed and installed HVAC systems…. In Chicago, builders’ warranties pretty much mean, if there’s a problem, you get all the free caulk you want.”

Criterium Engineers, a company that inspects homes in 35 states, reports in their 2006 Quality Survey that 17 percent of new homes have significant problems, including 23 percent with roof problems, 24 percent with framing problems, 19 percent with siding problems and 16 percent with faulty foundations.

Criterium’s report adds: “Framing problems have become more significant. Water intrusion continues to be the No. 1 problem, with poor insulation of roofs and windows as the primary cause(s).”

From what I’ve seen in Middle Tennessee, the Criterium findings paint a rosy picture. I’d say that at least half of new roofs here have some flashing problems. Nearly a hundred percent of new brick veneer (siding) is a mess. Framing is only as good as the hapless nail gunner; and I have yet to see proper waterproofing around a new foundation.

The Washington state builders’ lobby, and builders’ lobbies in general, complain that any meaningful oversight would drive builders out of business, make houses prohibitively expensive and enrich trial lawyers. Ironically, Anderson of Master Builders issued a veiled threat to Maureen Howard, head of the Washington Habitat for Humanity chapter, hinting that his association might drop its sponsorship of Habitat. In an email, Anderson wrote of Sen. Weinstein: “He has no interest other than creating opportunities for lawsuits. Pick your side.”

Speaking of trial lawyers, here’s what local construction-defects lawyer Jean Harrison says about Tennessee’s wretched homebuyer-protection policies:

Tennessee law allows builders to disclaim warranties for habitability. A builder can disclaim any warranty that a home is fit for use as a home. This is of course insane. Anyone buying a house assumes that the house is fit to be used as a home. The legislature needs to pass a law that says a builder must warrant that the home is fit to be used as a home.

If your builder gives you a warranty from a company like 2-10 or Bonded Builders or RWC, you might as well use it to practice origami. These warranties disclaim coverage for any structural defect that does not result in a structural failure. Their definition of a structural failure is one that renders the house uninhabitable.

A better idea is to include a provision that the home will comply with the building code. Insist on a provision that says the builder guarantees that the home is in compliance with the building code. Read the contract. If you don’t understand it, take it to a lawyer who can explain what it means. If your builder won’t give you a copy of his warranty, run for the hills.

Understand what it costs to build properly. If a spec house is up for sale for $350,000 and you have a bid for the same size house from a custom builder that is $75,000 more, consider why that is. You get what you pay for.

You homebuyers beware, and do what Harrison says.
http://www.nashvillescene.com/Stories/Columns/Helter_Shelter/2007/03/22/Homebuyers_
Beware/index.shtml