Statute of Limitations and Statute of Repose. State Law Restricts When A Buyer Can Make A Claim Against the Builder This is critical for your future protection against defective workmanship or materials. The purpose of a builder warranty inspection is to document concerns or defects which are apparent BEFORE the initial one-year builder warranty expires.
Look for missing grout in showers and caulking around tubs/sinks.Īn 11th month or builder warranty inspection isn't the same as a pre-closing home inspection. You should make note of both supply/return vents in each room. You should insist your builder conduct a thorough walk-through inspection and test all appliances, windows, doors/locksets, lights, and fans. Construction claims can take years to resolve. Should the builder deny your claim for repairs, you may need to make the repairs and absorb the cost while you pursue a legal remedy. A builder is always more inclined to make minor repairs over expensive repairs. Early detection may also reduce repair costs and avoid undue disruption. Early detection and notice are critical to your prosecution of a construction defect claim.
Latent or concealed defective construction may become apparent after a few months but it may take longer. Wouldn't I Want to Know About Issues Before I Close on the Home? In short, there's no legal remedy for "predictive failure". The builder, unless bound by specific custom contract specifications, isn't required to build to "best practices" they are bound to build to local building code, which may not represent best practices. While a competent home inspector, with qualifications above the minimum needed for licensure as a home inspector, may report areas of concern, that information has little legal standing. If it passed all local building department inspections and received a Certificate of Occupancy, you are generally legally bound to close.
#1 year walk through new home code
You have a contract with the builder and this contract stipulates you will accept the home provided it is built to local building code and is consistent with similar construction practices in the area. While a competent home inspector with specific trade knowledge in framing, slab construction, or stucco may recognize concerns, unless there are specific and documented deviations from the local building code, there's very little you can do at this point. The main components which cause most latent defects are covered over. Sometimes, we find AC vents or electrical outlets which were covered with drywall, loose driveway pavers, or broken sprinkler heads but these issues should also be found in a final walk-through with the builder. Why Would I Wait to Fing Out if the Home is Defective?Ī pre-closing home inspection can identify common defects and we often find minor issues like minor plumbing leaks, missing grout/caulking, sticky windows, or other common punch-list issues. Unless you observe something concerning during the construction of your new home, we advise our clients to save the inspection fee and use the money to have a one-year warranty inspection performed (before the year is up). This inspection is even more important than having a pre-closing inspection. IF YOU ARE BUYING A NEW CONSTRUCTION HOME, the single most important thing you can do to protect your rights against defective construction or latent defects is to have the home inspected before the end of the first year of ownership.
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