Queen Creek (Phoenix: sales, new house, buying)

[chuckster]

New home not yet one year old. A/C sitting on a plastic pad...when we first moved in we used a level on the pad which showed it to be level. Recently, the A/C now makes a loud noise when it cycles off. Check the pad with a level and find that it is significantly tilted forward. The installer of the A/C unit says it's not their problem because the builder put the pad in. The builder says it's the homeowner's responsibility but this item does not appear in the homeowner's manual. Why would this item be an exclusion to all other things that the builder has put in that have at the least a 12-month warranty?

Thanks,

Chuck

[chuckster]

I just heard from a representative of the builder who said that prior to close of escrow the grading and soil erosion is the responsibility of the builder. After close of escrow it then becomes the homeowner's responsibility.
I am interested to know why the builder makes no effort to prevent this under the A/C unit but does go to significant effort to make sure the concrete base under the home is secured to prevent any sagging.
Is there no law that says this A/C pad should be built to at least last two years no matter what the soil issue is. I would certainly think twice before I bought a home from this builder.

[azjack]

I have looked at those plastic pads for A/C units for a couple of years with suspicion. How expensive could it be to have a concrete pad? Unreal.

If you make a nuisance of yourself, the builder may step in to avoid a black eye. Send a couple of certified letters. Mention the complaint-line personalities on the Phoenix news stations.

It does not sound like it would be an expensive fix to level it, so it may not be worth the effort.

[nitram]

If your home is new, you should have at least a 2 yr warranty on everything associated with the house from the builder. Especially if the builder put in the pad. If negligence is found in construction, there is a I believe either a 5 or 7 year limit for restitution or fixing the problem.
Check with the Registrar of Contractors. They can advise you as they set the rules for contractors.

[jco]

Call the registrar of contractors and then call the builder's corporate office and talk to someone high up. Explain that you called the R of C's office and that they recommended you try working it out with the builder first.

In AZ, some things are required to be under warranty for two year, and I would think this would be one of them!

[Captain Bill]

Your contract should spell out the warranties. Read the section on warranties carefully, and do like some of the others have advised; make a nuisance of yourself. Send letters regular mail and certified mail. Send it to the president.

Here is something that will get attention. Go into the sales office when they're sitting down with a customer. Escuse yourself for interrupting and ask when they are going to fix the AC pad that has settled. Get the response, thank them and leave. You're asking a legitimate question and if you do that several times, they might decide to fix it.

But by all means read the warranty section of your contract.

Bill

[altus2006]

Who built the house for you? This is the kind of information I like to get before buying a new house. If the builder ignores your problems, he will probably ignore other problems too.

altus2006

[chuckster]

I would like to thank each person who replied with excellent advice.

Another issue with many residents here is the carpet. No one knows the product name as there is nothing to identify it. In the 11 months we have been in our home, we as have others, are finding tons of fluff being generated by the carpets. We vacuum often as we were told to do but nothing seems to stop this. Also, the underpad seems to be nonexistent and the carpet in for instance a high traffic area like the master bedroom (we have tiles everywhere else) is flattened and looks old already. When, during a meeting of homeowners, an executive from the builder was asked how he knew for sure that the homes were fitted with the carpetting as described in the manual he was unable to explain it. He was told that there was no way to know for sure that we did not receive a substandard product. Also, following many of the complaints early on, the builder switched to a different carpet manufacturer. So now, the builder is saying that we should give him a piece of the carpet so that Shaw, the manufacturer can test it. We wanted to give him a chunk from the center of the floor where it has flattened but we were told that it could not be replaced in a manner that did not look like a patch. Areas where there is minimum-to-no traffic of course look real good.
We are up against a demand by the builder that they have an 11-month review of the homes instead of 12 months as described in the manual. We intend to have a building inspector come in after the 11-month review. What are our rights and options in this matter?

I cannot thank the responders enough for their help on these issues.

Chuck

[chuckster]

Pulte built this home in the Solera community at Johnson Ranch.

[Captain Bill]

Originally Posted by chuckster

...We intend to have a building inspector come in after the 11-month review. What are our rights and options in this matter?...



Chuck

Chuck, what does your contract say about warranties? That is the first information you must study. That may help you determine if the builder is in breach of their contract.

If the builder is in breach of your contract and others have the same problem then you may consider a class action law suit. But until you know what your contract says, you can't know for sure if they are in breach.

Bill