Unlicensed Contractor Problems (Clarksville: appointed, real estate, crime)

[cherrah2008]

I have a home that I have been complaining about since the first week of move in (Clarksville TN). It's a brand newly constructed home. I've gone to BBB, Consumer Affairs, FTC, Real Estate Association who never contacted me, the real estate company who never contacted me, the builders who won't contact me, the title company who won't contact me, and more.
My home is falling apart inside and out. Last Dec, I found out the builders aren't licensed. The builders have been using their father's license (who is actual license holder) to build with. The father isn't in the business and hasn't been in years, but he some how manages to provide the board with financial statements in order to renew his license (has to be falsifying). The Licensing Contractors Board has fined them and ordered a cease and desist.
However, I'm not sure that anything else will happen. The board told me that since the father is the license holder and the son's are listed only as employees that the father is the only legal one to sign the contracts at closing etc. Well my contract doesn't have the father's name on them anywhere only the two sons. Not only did I get a loan by signing false documentation (false because they wasn't authorized to sign them and I wouldn't of ever got it if I had known), but I am stuck in a mortgage loan and the house is severely defective. Mortgage company said to get out I will need a lawyer regardless of the fraudalent paperwork signed)
My home is not defective in one or two places but multiple. All door frames and window frames are cracked around the entire frames, garage floor has a crack the entire length of floor leading down the driveway, then there are additional spider web cracks throughout the floor plus outside the entrance corners of the garage. None of the doors fit properly you can see light around the entire door frames. The ceilings has sags, cracks and bulges throughout the house. The baseboards throughout in places are pulling away from the walls, the walls has bulges, cracks and nail holes, and the floors are soft and pops in places throughout the house, I can go on etc.
It's a mess. No one will help me and lawyers fees are ridiculous. I got it through the VA who are useless in this situation. This has been major hell and stress for me. Can you give me any advice or recommendation. The BBB put them on the unsatisfactory list because they wouldn't respond, the Consumer Affairs said they can't help and many other agency's and people either say they can't help or don't respond at all.
This is a crime but don't seem as if agencies are treating it as such. I would have never gotten the loan had I known the builders who signed the contracts during closing wasn't suppose to be signing them. I contacted the title company after I found this out, but they didn't respond. I've even contacted the city's building permit guy back months ago and again after I found out the builders weren't licensed because I was wanting to know how they got the permits, but of course he wouldn't respond. I am stuck with a big house falling apart.
I wrote the Attorney General twice once before and once after the new information about the builders and I got to responses both stating he can't help me in my situation. I didn't understand that because I have researched states where the Attorney General indeed handle this same situation.

Any advise.

Highly disappointed and stressed out!

[alleycat]

I think hiring an attorney is about your best (and maybe only) choice. And hire a good one who has connections (maybe Batson Nolan).

Good luck.

[jason1]

I was a contractor in a former life in another state. Even if the father holds the license and the sons were employees he still has to have a bond with the contractors licensing board to keep his license active. Call the board find out with whom the bond is posted with and go after the money to repair the house and use a licensed contractor to do it.

Good Luck

[2 tracker]

I am in the construction business and have held a residential builder's license in Michigan since 1974. so I can sympathize with your situation. You see it a lot in Florida because their licenses are sooo hard to get. A lot of times the builders in Florida would just "rent out" their license and sign all the paperwork for a fee. Can't imagine why Florida doesn't shut that down but that's a different story.

I can tell you that the last thing these clowns want is for you to go public with this and by clowns I mean everybody up to and including the attorney general. Our attorney general would be on this like a vulture. I would contact someone at the "human interest" department of the Tennessean and tell them about it. I would also call the local T.V. and radio stations to see if they are interested in talking about it. If any of them are interested and run stories the collective gasp will be deafening! Since you live near the capital city, there should be a congressman or two or a district representative that might take an interest. Worst they can say is "no" but they are paid to represent YOU, the voting public. If they refuse, make sure their names are prominant in any news articles, etc. Everybody has a name, seeing it in print can do a lot of things.

Yes, you will need a GOOD real estate attorney, even if the publicity works. Look for one with a good track record and well known in the community as a purchaser's advocate. Everyone concerned either is or has an attorney. You don't even want to think about handling this yourself. Don't be cheap!! You get what you pay for and you might be able to wrap legal costs into any settlement you might receive. Believe me, a good attorney is worth whatever he wants. A bad one is worse than none at all.

Up here the title company has a legal obligation to make certain that everything is on the up and up. They are hired specifically to make sure that every license, every permit, every inspection, every anything is legal and complete so that no one can come back on the lender or the purchaser with a claim or lien. If they don't, they are liable for whatever the costs are to correct it. No ifs ands or buts! Can't imagine that it would be different there. Also can't imagine why your lender would not join you in going after everyone. Have you asked them? I'm not a lawyer but it sounds to me like they and you were victims of fraud or at least incomplete and slip-shod work on the part of the title company. Your attorney general should be taking an active interest in this. Make SURE to publicly give him all the credit he deserves.

Good luck, I hope you take it to 'em. The last thing legitimate contractors and tradesmen who take pride in their work need is a bunch of shlubs using daddy's license and giving us a bad name. Send me a private message sometime and tell me how you make out.