From the WSJ Real Estate Archives

When Your New Home
Is a House of Horrors

by Robert Irwin

Question: We have been in a newly built home for about a year and continue to have communication problems with the builder. We have a host of concerns, including:

  • The floor in our great room isn't level.

  • There isn't enough water pressure in the master bath.

  • A diverter associated with a hand-held attachment for which we paid extra sprays water.

  • The grout in the master bath is cracking.

  • The drywall around a window is cracking.

Though some repairs have been made, we haven't been satisfied with the fixes and have told the builder about this. Do you have any suggestions on dealing with this builder? We tried working through an attorney but can't afford to continue with this approach. One of my thoughts was to contact a local television station; I mentioned this to the builder and the company said it would sue me for slander. Is there an industry association I can contact to report my problems?

-- Janice, Ravenna, Ohio

Janice: Boy, it sounds like you are having a lot of trouble! There is always going to be something that isn't quite right when you buy a new home. But in your case, it sounds like more than the usual level of trouble.

My first suggestion is to try to work things out with the builder. It sounds as though you have had conversations and the builder has attempted to make some repairs. I would keep at it. Chances are that if you are having problems, your neighbors are, too, so the builder may have its hands full. Sometimes it is just a matter of being the squeaky wheel that gets the oil.

If your builder absolutely refuses to make repairs and your home is within the new-house warranty period for your state, you have a variety of options:

  • You can call your state's contractor-licensing board and ask them for help.

  • You can contact your local district attorney's office and see if they will investigate.

  • You can contact the Better Business Bureau in your area.

  • If your builder is a member of the National Association of Home Builders, you can contact this organization, as well.

Of course, ultimately you might have to bite the bullet and have an attorney handle the matter for you. If this happens, you may want to join together with others in your development to pool money to pay for the attorney.

A word to the wise, however, before spending a lot of time and money: Contact an independent contractor and have him come in to look at your problems. This isn't to suggest you don't have real problems, but sometimes what one perceives as bad construction is, in fact, up to industry standards. An independent voice could shed new light on the matter and help make your case much more substantive.

-- Mr. Irwin has more than 25 years' experience as a Los Angeles-area real-estate broker. He is the author of more than two dozen books about real estate and is recognized as one of the most knowledgeable writers in the real-estate field. Mr. Irwin's most recent books are "How to Get Started in Real Estate Investing" and "How to Buy a Home When You Can't Afford It" (McGraw-Hill, 2002).

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