QUESTION

Should I pursue legal action against the bulder of my house.

Asked on Jan 12th, 2015 on Residential Real Estate - Virginia
More details to this question:
I purchased a new home from a builder and they have been in my house on a few occasions to work on issues. One of the main issues I am running into was noted during the pre-drywall walk through. I noted that there are several spots in the floor which were extremely uneven. They did not correct these issues and then tried to correct them after moving in. Finally after a year they corrected one area but still have not the other. In addition the wood floor began creaking almost immediately after move in. I have been in neighbors houses and they do not exhibit the same issues as mine. Given they too have experienced multiple issues and have basically given up fighting the builder. Which I am assuming the builder will hope I do as well. The "Home Care Manager" frequently does not show up or follow through and I am often stuck at the house playing project manager. He stated the wood floors were probably nailed when those particular ones should've been glued and is stated in the manufacturer's information as well. I saw that they were nailed when they replaced on pieced that was cracked due to the repair to one area near the stairs with an extreme deviation. I am not even sure if the fix is even done correctly. I did have a home inspector come out the house and provided the builder the report.
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1 ANSWER

Assault and Battery Attorney serving Forest, VA at Fairchild & Yoder Law Office
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I am sorry that your purchase of a new home was less than stellar. Virginia code 55-70.1 lays out the standard for the implied warranty that comes with a new home bought from a builder. The statute indicates that a new home is sold with an implied warranty which provides that the home should be free from structural defects and should be delivered in accordance with industry standards. If the home has a defect notice should be given and reasonable time should be awarded to cure the defect.  You should consider hand delivering a list of issues that need corrected and get a commitment from the builder to complete the work by a certain date. If the work is not complete you can file a complaint with DPOR against the builder. They oversee licensed contractors and seek to ensure the integrity of the trades. An experienced attorney can help you walk through the process and send a letter and negotiate on your behalf.
Answered on Jan 12th, 2015 at 6:31 PM

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