leaking basement in new construction (real estate, city hall, lawyers)

[otamang]

I was trying to close on a newly constructed property in manchester on july 17th but I noticed wet basement all around the floor and the walls at final walk through on july 16th.
On close look I notice black molds on the main beam and the stairs. I talked to the builder but he said its normal and mentioned that if I was not trying to do the closing.
I postponed the closing and trying to find out the reason behind the wet basement and molds.
I already have some down payments made to the builder.
Can anyone give me the suggestion what should be my next steps please?

[Valerie C]

Oh that's terrible, and how disappointing for you--Without seeing your contract, we are limited in what we can advise. Was there a Home Inspection done at any point? Buyers ARE entitled to have inspections done, after a certain point in the building process. Since there is definitely moisture and you are noticing some discoloration, you really need to get somebody in there ASAO who can identify WHAT it is, HOW to remediate, and WHO will be responsible for payment. The builder should NOT be doing clean-up at this point, unless you agree in writing what the method of remediation is to be. If you decide not to move forward on this home, getting your deposits back may require an attorney. What does your own real estate agent say about this (hopefully you didn't go in on your own and expect the builder's agent to 'take care of everything'). Your agent should have some names of good remediation companies--if you need, I can send you one as well. Sorry you are going through this

[otamang]

I had a stupid idea not to do inspection in new construction and spend some money. I totally relied on city because they always do inspection for new construction. I saw the CO and talked to the people from city hall. They just said water was not there when did inspection. Is the builder supposed to fix the problem if I really want to buy it.if they want to fix it how long shall I have to wait because I m supposed to be moving out from my appartment at the end of this month.

[GregW]

I, without any more information, suggest walking away from this place. If the basement had drains properly installed and the outside covered it should not have any water. As the mold is visible the water has been there for some time. Probably since the first floor deck was built. The contractor obviously knew about this problem but expected you not to notice. Like I suggested - walk away.

[MJ5150]

I'm with GregC. Cut your losses and walk away if you can.

-Mike

[C2ShiningC]

You should read this: Mold: Is It Hiding in the Home You're Buying? | Nolo.com and this: New-Home Defects: Holding Your Builder Responsible | Nolo.com

"Nolo, formerly known as Nolo Press, is a publisher in Berkeley, California, that produces do-it-yourself legal books and software that reduce the need for people to hire lawyers for simple legal matters such as making wills or writing business partnership contracts."

[iclyde]

Where is the new construction? What neighborhood? I live in a new construction neighborhood still under construction and had water in my basement when my house was about 6 months old. We worked with the builder and she fixed the water issue - they dug down next to the foundation and re-sealed the concrete where the sealant had accidentally been scraped off by a rock. The house is now 8 and we haven't had water since.

[unit731]

You need to hire an attorney.

[pauloman]

common problems - you use an internal concrete sealer to reduce moisture migration through the concrete itself (not from cracks) - something like bio vee seal which leaves nothing on the surface.

The wall to floor joint it sealed with low visc solvent free epoxy - often using 4 inch wide fiberglass cloth with the epoxy along the seam.

paul

[otamang]

R u serious. How about black mold?