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My builder's contract says I only get 1 inspection if I choose to do so, and they need to follow the builder's protocol, and not interfere with their schedule, and have $1,000,000 insurance.
Looks like too much hassle. Can I get a home inspection soon after closing, and have the builder fix it? Or does closing mean I accept everything?
Let's say the inspector finds something not built to code, but usable (like a basement window without ladders, or shower tile without moisture barrier). I don't think I can file a warranty against it, but can I force them to fix it since it's not built per building code?
Or should I just try to find an inspector that fits all their boxes and work it into their schedule?
In my last two new home builds the builder scheduled several walk throughs as the building progressed. I hired a home inspector to walk through each one with me. I paid him $100 per walk through and he just made comments, not a written inspection/report. Prior to closing, I had another walk through with the builder and inspector. We came up with a punch list to be completed before closing or within 60 days of closing. Builder signed the punch list agreeing to all.
During the construction, I met the site manager and bought him several gifts (beer, cigarettes, golf balls, etc.) as things went along. I had him eating out of my hand.
Depending on what State you live in, the builder may not have a leg to stand on. If Home Inspectors are licensed in your State, he would have a hard time proving that he wants the home inspector to have more insurance than the State requires (TN requires $500,000). The other question would be if he requires all people entering his homes to have the same insurance. Since a home inspector is not really "working" on the house, then why the insurance need?
That said, I would have a huge problem with a builder trying to limit what I can or can not do.
To answer the second part of your question. Most builders do offer a 1 year warranty on their homes. I do a lot of 11 month inspections.
That said, I have found some of the following doing new home construction (after they moved in), none of which were caught by City Inspector.
Waste pipes not connected under house.
Vent pipes that did not go thru roof (cut off in attic).
Attic spaces not fully insulated.
Live electrical wire ends in various locations.
Hot water piped to toilets.
A fireplace flue that was open in attic (did not go thru roof).
Numerous framing issues.
Flashing and roofing issues.
Never, ever close on a house (even new) without an inspection. Never. If the builder doesn't want you to have more than 1 inspection, there's a reason. Honestly, I would be leery of using that builder at all. That means you can't inspect plumbing and electrical before it's all hidden by drywall. That means he's trying to hide something(s).
I saw a local news story that 30% of brand new houses have major structural issues. In some cases, the roof wasn't even properly attached to the house.
If so, did you read the contract before you signed it, and make sure you understood every provision?
If you have not signed the contract yet, do not sign it as is, make sure it is modified so that you can inspect the work any time you want to with anyone you want. (Of course, you can accept provisos such as during non-working hours so as not to interfere with the workmen.)
If you are buying something like a house to be built, never ever lose sight of the fact that you are the customer, the person with the money, and they are the vendor, the person who wants your money. You need to insist that they, within reason, provide what YOU want in order to get your money. Having provisions for multiple inspections at different stages of construction, with inspectors of your choice, is within reason. (For that matter, for them to insist that the inspection occur outside working hours, or that any hired inspector be insured, sounds reasonable to me as well; what doesn't sound reasonable is that there must be only 1 inspection.)
And don't ever forget that when someone presents you with a contract, it is a DRAFT contract until fully signed and executed. Normal procedure in the real world is that a DRAFT contract gets modified until both parties are satisfied with it, THEN it is fully executed. If you find yourself working with a builder who cannot deal with this, and wants you to accept their T&Cs without modification, move on to the next builder. We're not talking about buying a loaf of bread here. We're talking about a purchase that's at least $150,000, and could be in the millions, and that most people will be paying for for the next 30 years.
And my last comment: there will be city inspections to confirm that the building is to code. Even if all of these are passed, it doesn't mean the building is in accordance with your approved design (you did get a set of plans, with all the modifications clearly indicated and initialled, right?) City inspections to confirm code compliance would not have identified, for examples from my own personal experience:
- Two windows in wrong location.
- Laundry room (rectangular) 8" narrower at one end than the other.
- Misalignment of an exterior wall sole plate with slab, so the sole plate was just hanging out in air, unsupported, for 4 or 5 feet.
- The 2 x 6 I requested be installed, face-to, centered over the fireplace, so heavy paintings could be hung there by nailing directly into it, was not put in place.
And I found all of these by walking the site, plans in hand, with a tape measure, long before the drywall was put up. Some of these would have been impossible to find once the drywall was installed.
I believe I can see the property anytime I want, as long as I tell the salesperson to give me the hard hat and construction is not active. Or I can just walk by and not tell them.
The contract specifically says if I get an inspector, he only gets to visit once (about a month before closing?), and not with my punch list walkthrough.
It does come with a 1 year warranty as well as "Weatherwood 3-tab shingles with 20-year warranty" and "Weatherwood 3-tab shingles with 20-year warranty" and "Fiber cement siding with 25-year warranty".
The contract is signed.
Regarding the plan not in accordance with the design, I am already seeing deviations from the builder's site and the county plans (lamer 2 big windows, instead of 1 massive 1 with 2 skinny side windows, lack of popout bay windows like the website). The contract does specify that they have the right to modify the floor plan due to engineering challenges or whatever.
Depending on what State you live in, the builder may not have a leg to stand on. If Home Inspectors are licensed in your State, he would have a hard time proving that he wants the home inspector to have more insurance than the State requires (TN requires $500,000). The other question would be if he requires all people entering his homes to have the same insurance. Since a home inspector is not really "working" on the house, then why the insurance need?
That said, I would have a huge problem with a builder trying to limit what I can or can not do.
To answer the second part of your question. Most builders do offer a 1 year warranty on their homes. I do a lot of 11 month inspections.
That said, I have found some of the following doing new home construction (after they moved in), none of which were caught by City Inspector.
Waste pipes not connected under house.
Vent pipes that did not go thru roof (cut off in attic).
Attic spaces not fully insulated.
Live electrical wire ends in various locations.
Hot water piped to toilets.
A fireplace flue that was open in attic (did not go thru roof).
Numerous framing issues.
Flashing and roofing issues.
Will the builder fix these mistakes? Those don't necessarily seem like warranty issues, but I don't know what it's called, if it's not fixed before closing.
Does this contract mean that the builder will pay for the inspection? In other words, can you just hire and pay for your own inspector to come in as long as it doesn't interfere with the builder's work?
In the state of Texas (not sure about other states) no one involved in the sale of the property to you can mandate who inspects the property as long as they are licensed by the state.
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