*BULDING PERMITS
*BUILDING PLANS
The building code states that a builder cannot deviate from the building plan. The building plan shows that all of the building codes have been met. Building Plans are a matter of public record.
More Information Coming Soon
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*CANCELING THE PURCHASE OF A NEW HOUSE DUE TO PROBLEMS/DEFECTS THE BUILDER REFUSES TO FIX
Has your builder asked you close on a house that has defects/problems or in some way is not suitable for closing? Are you considering walking away from the purchase of your house due to unresolved issues? Is the builder threatening to keep the money you have invested in the house thus far?
One Las Vegas resident solved his problem by contacting the Department of Business and Industry, Real Estate Division.
In a sales transaction, the builder and their sales agent are considered one in the same. If your sales person asks you to close on a home that has unresolved problems or defects, it is considered a breach of contract; i.e. the agent is not selling the house they promised.
Write a letter to the president of the company explaining the defects/problems with the house and that their salesperson has breached the contract. Ask for a full refund.
In Arizona, the Department of Business and Industry, Real Estate Division is located at: Information Coming Soon
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*CONCERNS/COMPLAINTS- Where to post them on the internet. Contact your local and state representatives.
*A concerned senior citizen sent in an email stating that her case against her builder was dismissed in small claims court due to the fact that she sent in the requests for work via the builder's "warranty work request" on the builder's web site. As it turns out, only registered/certified/return receipt mail will stand up in a court of law.
*DEPOSITS
see above category, Canceling Purchase of a New Home due to Problems/Defects
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*EMINENT DOMAIN
Information Coming Soon
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*EXPANSIVE SOIL
Expansive soil is soil that expands when it gets wet. It then contracts when it dries. This expansion and contraction can cause the foundation, walls, and/or ceiling of a house to crack. Builders in Nevada are not required to do soil testing on each individual house lot; only 1 soil test is required for an entire community. Therefore, if the area tested is not expansive, that in no way guarantees that there are no lots with expansive soil in the entire subdivision. If a house is built on expansive soil, the builder is NOT required to make architectural modifications that will help prevent the sinking, cracking,and/or moving of a house built on expansive soil.
It is buyer beware in the state of Arizona when dealing with sinking houses built on expansive soil. If a buyer signs a document that states they are aware their house is being built on expansive soil, they have basically given up their right to sue or recover damages that may occur from the unstable soil. Therefore, once the condition of expansive soil has been exposed to the buyer, the buyer has NO legal recourse.
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*EXTRAPOLATION
This refers to an attorney's ability to treat all homes the same in a class action lawsuit regardless of some individual differences in the houses/defects. This makes it easier for homeowners to band together and prompt builders to make repairs.
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*FREE ASSISTANCE WITH AN UNRESPONSIVE BUILDER
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*LULLING
"Lulling" is a term used to describe a technique used by customer service representatives and/or builders. Basically, a homeowner reports a problem with a home. The builder responds by sending someone out to repair it and says "we'll get back to you.." The builder drags out the repair effort until the warranty is expired.
If you are a victim of "lulling," some problems/defects are covered by the Arizona Law even after the home warranty has expired. Contact the Arizona Registrar of Contractors, the Arizona Real Estate Division or an attorney for information.
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*MOLD
Renee Haynes. Homeowner located in Oregon whose children were affected by Aspergillus mold.
503/668-0889.
Haynes Family Story
Letter with information about mold as it relates to child development, resources
**If your child displays language delays and/or learning disorders after exposure to mold, a doctor can determine if mold antibodies have entered their bloodstream.
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*MORTGAGE FRAUD/PREDATORY LENDING
Think you're a victim of mortgage fraud or predatory lending? In Tucson, call the Mortgage Division or, contact the local National Association of Mortgage Brokers and ask them to review your loan documents.
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*MORTGAGES, Government Insured
Houses built on expansive soil cannot be approved for government insured mortgages. If your house is sinking and/or cracking due to expansive soil and you have a government insured mortgage, your builder may have made a false representation to the mortgage company.
Avoiding Binding Arbitration due to a Government Insured Mortgage : E mail from HADD Secretary, cschnackel@hotmail.com
Hello, I'm the national secretary for Homeowners Against Deficient Dwellings. One of the issues we see in most complaints is how home buyers are hamstrung by mandatory arbitration clauses in builder and warranty contracts. Arbitration prevents the customer from suing if the builder does not hold up their end of the bargain. Instead, disputes are heard privately by a supposedly neutral arbitrator. The problems are too many to post here, but one of the main ones is the potential for bias in favor of the industry, since arbitrators do repeat business with the industry, not the individual home owners. A home owner still needs to hire a lawyer for arbitration, too. It can be hard to find a good lawyer because these cases aren't profitable unless they are class action lawsuits, usually.
That said, there is one strong possibility to avoid the arbitration clause in a warranty policy if the buyer has a government insured mortgage. It is Title 24 of the Code of Federal Regulations, Section 203.204(g). (Citation: 24 CFR 204.204(g)) Be sure to give your lawyer that information if you have a govt insured mortgage and are being told you must arbitrate. He or she should be able to use it to your advantage. This is information I got from HADD when I first had my construction defect case, and I used it successfully myself. Some volunteer in the distant past had apparently found this regulation and it became part of the cumulative knowledge of HADD. The warranty companies know this but unless YOU know it and work to enforce it they will not necessarily follow it. Sadly, we don't know of any examples where it was determined if the regulation applies to strictly builder contracts; this is in regard to "warranties," which can be a 3rd party company. Your lawyer can advise you.
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*SOIL REPORTS
The builder's agent must show the buyer the soil report within 5 days after the initial signing of a contract. If the agent does not show the buyer the soil report in 5 days, the buyer has 20 days from the initial signing to cancel the contract with a full refund.
If a builder tries to retain the buyer's deposit once they have cancelled the contract due to not having access to a soil report or concerns regarding information in the soil report, contact the Real Estate Division.
Soil reports are kept on file for 1 year and then destroyed. Homeowners can see their soil report in the these offices. |
