Should the builder have disclosed water damage? (floors, window, chimney)

[sls76]

We bought a new construction house last year. We just found out that in the month between our signing the contract and closing on it, the downstairs flooded. Apparently the floors were ripped out and all damage was repaired because we didn't even know about it (we were out of state) and only found out about it when a contractor came in to do some work for our one year walk through and mentioned that he was accused of leaving the window open causing the damage. It seems like the roofers used the wrong type of caulk and water came down through the chimney although I'm not sure of the details. We have had two more water intrusion problems since we closed although the last one was relatively minor and we haven't had a problem recently. Was the builder obligated to disclose this? Do we have any recourse? Do we have a mold concern (the house is on a slab and the downstairs floors are all wood or tile)?

[thepizzaguy]

You whould think that there is a law that's similar to homeowners making disclosure of all known problems. If you had hired the contractor to build the house, then you would be the original owner, but if the contractor built the house, and then sold it to you, you should have some recourse.

[coltank]

If everything was repaired properly than I don't think they would have to disclose something like that, but if you have real concerns it is best to consult an attorney

[sunsprit]

There's always the potential for damage due to unforseen circumstances while building a house.

Having moisture get into the structure under construction is a very common problem, and the builder was responsible for correcting any damage or defect that may have happened as a result to properly finish up the house.

Since the builder took the responsibility to repair the situation before you took possession, I don't believe that there's any further recourse for you, unless there's a warranty on the house and there's problems/defects which are theirs to repair.

Absent any resulting problems ... and, by now, you'd have had a mold/odor problem if that had been a result ... I don't see that you have any claim against the builder.

[A.L.I. Designs, Inc.]

I would not worry about the mold problem. It does sound like you have recourse against your builder. It should have been disclosed. I would contact an attorney.