http://www.gotadirtyroof.com

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http://www.suncraftdesign.com/

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house& home | February 2009 | house andhomeonline.com
your house & the law
Heed Move-In Defects
INSPECTIONS AND WARRANTIES CAN
ELIMINATE PROBLEMS BEFORE
CLOSING ON YOUR NEW HOME
By Chris Ryman and Ian Faria, directors of Coats Rose Yale Ryman & Lee
P.C. in Houston. Ryman can be contacted at cryman@coatsrose.com.
“We just moved into out new house.
Our walls are cracked, and the windows
won’t open. What can we do?”
Sometimes, while being caught
up in the excitement of closing on the
purchase of a new home, homeowners
overlook the possibility of having
future problems with their home.
Should a problem arise, you can pursue
several remedies and avenues.
INSPECT BEFORE YOU BUY
First, the best remedy is to do as
much as possible to catch the problems
and defects before you close on
the sale and move in. Consider hiring
your own residential construction
inspector to inspect the home before
completing the sale. Also, visit your
home as often as possible during construction
and point out issues you
see with the construction. Your builder
should, upon substantial completion,
provide you with a walk-through
inspection of your home and note
problems and defects on a “punchlist”
that the builder then addresses.
GET A WARRANTY
If you move in and find problems and
defects, you should look to your contract
to determine what process you
have agreed to follow. Many contracts
now include provisions outlining a warranty
request procedure (you should
make the request in writing). The
builder is required by law to provide a
one-year warranty on all aspects of
construction. Be diligent in following
up with your builder to ensure the
problems and defects are fixed after
your request has been submitted.
If your builder is not responsive to
the warranty request, determine if you
received a third-party warranty at the
purchase of the home. Many builders
now provide third-party warranties that
step into the place if the builder cannot
fix the problems and defects.
Carefully review the third-party warranty
and follow the claims process. If it
is an insured third-party warranty, and
the problems and defects are verified
and fall under the plan, the third-party
warranty company will usually perform
the repairs and then address the cost
of the repairs with the builder.
DEMAND LETTER & ARBITRATION
Should contacting the builder or the
third-party warranty company not
resolve the issues, you can also, after
sending a demand letter to the builder
setting out in reasonable detail the
problems and defects, initiate a statesponsored
inspection and dispute resolution
process request through the
Texas Residential Construction
Commission (TRCC). Timing is very
important in such a filing. The initial
workmanship warranty is one year.
Therefore, you must be diligent in filing
a claim with the TRCC for issues
noted on move in.
Ultimately, if all avenues have
been pursued (including the conclusion
of a claim through the TRCC),
you can then file a lawsuit or arbitration
proceeding (depending on what
your contract states). At that time, you
will likely want to consult with an attorney
of your choice to evaluate how to
proceed.
Disclaimer: This article is offered as a
public service. Applications of statutes
or the common law depend upon the
facts of each dispute. This article should
not be considered legal advice. Always
contact your own lawyer for legal advice.
COATS ROSE YALE
RYMAN & LEE, P.C.
HOUSTON OFFICE
3 Greenway Plaza, Suite 2000
Houston, Texas 77046
713.651.0111
DALLAS OFFICE
5420 LBJ Freeway, Suite 1300
Dallas, Texas 75240
972.982.8450
Offices also in Austin, Clear Lake,
San Antonio and New Orleans