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What Is The Builder Responsible For?


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Hi All -

We bought a house which was built in 2003. Where we come from, builders are responsible for building issues for 10 years - including roofing, plumbing, etc. - structural issues - not normal wear and tear issues.

How does it work in Houston? Are the builders responsible for anything for any period of time? We just bought this home so we are not the original buyers. We have a couple roof tiles that are popping up a little bit and thought that we should do something about that. Also, I want to know if the builder is a resource for any future issues or is this all our responsibility at this point.

Thank you!

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I would say check your closing documents (to see if any warranty was transferred or was transferable). Believe it or not, some home warranties are only good for one year, including the structure. Ridiculous.

EDIT: One other note... you can pretty much forget about the builder fixing problems at this point. It's hard enough to get them to fix items on a new house, right after you close. It's been 5 years... so... you may need to look at other sources... I doubt, even if you had a home warranty, that they would fix the problem you describe... If a wall was buckling and you had a valid, transferable home warranty for structure - you might have a fighting chance, but short of that - forget it. My opinion...

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I don't know of any builders who will warranty things for 10 years. The standard is one year and depending on the project I've offered two years. Ten years is a long time to warranty something.

If there are issues that were BECAUSE of the builder, you might have recourse, but other than that, I don't think there is anything to do but get your home owners insurance to fix it.

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I don't know of any builders who will warranty things for 10 years. The standard is one year and depending on the project I've offered two years. Ten years is a long time to warranty something.

If there are issues that were BECAUSE of the builder, you might have recourse, but other than that, I don't think there is anything to do but get your home owners insurance to fix it.

There is a lot of reading on the below website, but if you look further down in the FAQ's, you will see the 10 year reference to major structural issues.

http://www.trcc.state.tx.us/policy/faqs.asp

small section from the above website:

What state-mandated warranties are currently in place?

Limited statutory warranties for residential construction in Texas became effective on June 1, 2005. These warranties apply only to residential construction that began on or after that effective date....

....The statutorily-mandated periods are: one year for workmanship and materials; two years for plumbing, electrical, heating and air-conditioning delivery systems; and ten years for major structural components. There is also a ten-year warranty of habitability.

The above may not help you because of the effective date, but does answer the 10yr question.

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10 yr. Major structural would pertain to your roof actually COLLAPSING as a result of poor workmanship or the bricks falling off the front, not a couple of shingles popping up 5 yrs. down the road or a rain gutter becoming loose. That is called maintaining your home, jump up there and put a couple of roofing nails in the loose shingles.

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10 yr. Major structural would pertain to your roof actually COLLAPSING as a result of poor workmanship or the bricks falling off the front, not a couple of shingles popping up 5 yrs. down the road or a rain gutter becoming loose. That is called maintaining your home, jump up there and put a couple of roofing nails in the loose shingles.

your a/c is has a warranty for 10 years.

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Your builder usually gives you a 2 yr warranty on all AC issues. The manufacturer usually provides a 5 yr or more equipment warranty. The catch is when you try to go through the manufacturer and it's the middle of June, they usually tell you they'll be out there in a week or two. Anyone sit around for two weeks for AC this summer? So, the manufacturer's warranty is essentially worthless.

I always answer any calls that I get from old Homeowners. Even out of warranty, I still try to point them in the right direction for repairs and sometimes fix things at my cost. Call it personal pride - every builder is different.

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Your builder usually gives you a 2 yr warranty on all AC issues. The manufacturer usually provides a 5 yr or more equipment warranty. The catch is when you try to go through the manufacturer and it's the middle of June, they usually tell you they'll be out there in a week or two. Anyone sit around for two weeks for AC this summer? So, the manufacturer's warranty is essentially worthless.

I always answer any calls that I get from old Homeowners. Even out of warranty, I still try to point them in the right direction for repairs and sometimes fix things at my cost. Call it personal pride - every builder is different.

Exactly, we actually offered a 10 year warranty, which included mostly just structural damages, not accessories such as central heat and air. A roof leaking after 2 yrs. we would cover , unless it was because the owner had a satelite dish installed incorrectly. Yes, this really happened. You would be amazed at some of the stuff claimed. If people would just read what they were signing sometimes ?

One scenario: "My back porch cover is leaking!!! You guys need to fix it or I am gonna get my lawyer !" Sir, we didn't build your porch cover. "It's attached to my house, and it's leaking into my house!!!" Sir, you had another company attach that to your existing roof, and I told you that might be a problem if they don't install the flashing right and put enough epoxy around those nail holes. "I don't recall that conversation! So, are you guys gonna fix it, or do I have to get my lawyer ?!?" Sir, let me give you the number of our lawyer, and your lawyer can call him. Have a nice day. "So, you guys aren't gonna fix it?" Sir, I will fix it, but not for free. "But I have a warranty on the house." Yes, you do, but do you have a warranty on that back porch cover you had built by somebody else that changed the back roof of the house ? "I don't know ?" I would call the guys that built that cover for you and cut into the existing roof we built. Have a nice day. " You guys su.........." CLICK !

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