Problem after Closing (attorney, new house, live)

[LynnePatrice]

We purchased a brand new house in New Jersey. After the closing we had extreme rain and noticed that in the back yard (which is extremely small), the water was coming close to reaching the door, which would eventually make it's way into the downstairs. We have a small yard and a cement path that the back door opens out to. We spoke with the builder/owner who said there should have been a drain back there and possibly they had placed the central airconditioning unit over it, but that she would check it out and fix the problem. It still hasn't been fixed. My question is, do we have any recourse here or are we stuck since the closing has been complete?

[wileynj]

Originally Posted by LynnePatrice

We purchased a brand new house in New Jersey. After the closing we had extreme rain and noticed that in the back yard (which is extremely small), the water was coming close to reaching the door, which would eventually make it's way into the downstairs. We have a small yard and a cement path that the back door opens out to. We spoke with the builder/owner who said there should have been a drain back there and possibly they had placed the central airconditioning unit over it, but that she would check it out and fix the problem. It still hasn't been fixed. My question is, do we have any recourse here or are we stuck since the closing has been complete?

Yes! Send a complaint in writing to the builder..if he does not respond, you have a legitimate claim to submit to the home warrantee company. You have to try to work with the builder first... and document everything..and send eveything via cert. mail to the builder and keep copies! Cc: your closing attorney on everything you put in writing.

[LynnePatrice]

That's good news! Do you know if there is any time limit on something like this? I don't want it to become a war since the builder lives 2 doors down from us!

[MoorestownResident]

Most honorable builders will take claims up to a year after closing. It sounds like a drain needs to be installed regardless who pays for it.

[wileynj]

Originally Posted by LynnePatrice

That's good news! Do you know if there is any time limit on something like this? I don't want it to become a war since the builder lives 2 doors down from us!

The builder has to cover the warrantee for at least the first year.. I believe...I'll have to read my policy - if he fails to help you out, the home warrantee is suppose to kick in. My policy has a statement regarding grading/flooding issues. I would call him/her again..ask them to please address the issue before you end up with water damage or a flooded basement...put a little fear in them that the repairs could end up costing them more if they don't hurry . Have you talked to your closing atty. regarding this issue? Or do you not have one?

[LynnePatrice]

We had a closing attorney but I haven't spoken to him yet. We only moved in at the beginning of July, and since then there have been 2 big storms (last night and another one early in the month). I am going to try and see her today and tell her it was a close call last night with the rain. I like your suggestion Wiley of scaring her!

[LynnePatrice]

Originally Posted by MoorestownResident

Most honorable builders will take claims up to a year after closing. It sounds like a drain needs to be installed regardless who pays for it.

Yep, thats what she said, only she hasn't done anything about it yet!

[NJ987654]

Also, call the mayor's office. Many builders need to keep a good rapport with local government to get permits and other approvals through. A call from them on your behalf will go a long way.

[Roselvr]

Originally Posted by LynnePatrice

We purchased a brand new house in New Jersey. After the closing we had extreme rain and noticed that in the back yard (which is extremely small), the water was coming close to reaching the door, which would eventually make it's way into the downstairs. We have a small yard and a cement path that the back door opens out to. We spoke with the builder/owner who said there should have been a drain back there and possibly they had placed the central airconditioning unit over it, but that she would check it out and fix the problem. It still hasn't been fixed. My question is, do we have any recourse here or are we stuck since the closing has been complete?

Lynne, was this a big builder or private?
With us, we used a big builder, they have a proceedure to follow.
At the closing walk through we got a folder, in it is a form to fax with any repairs that need to be made.

We've been in our house since May. We've faxed our builder twice, & emailed a really long list. We've yet to have anything done

I will fax again Monday, I really need my daughters door fixed as it doesn't close. Can't have a 15 year old without a door lol

good luck

[LynnePatrice]

Ours was a small private builder who actually lives 2 doors down from us, so it is a bit of a touchy situation as I don't want to cause any problems with my neighbors! Supposedly they are fixing it tomorrow so we'll see! Anyway, new homes are covered under warrenty as Wiley stated so you do have recourse there. Good luck.