Suit against builder

[samir1]

Samir -

I asked this before but you didn't respond:

On your final walkthrough, did you sign something saying that everything was satisfactory? If yes, then you may have a problem. What you are describing is not a "hidden defect" that you could reasonably claim was not visible to you.

Sorry I must have missed it.

I did final walkthrough and I found few issues which was listed in the checklist. The checklist I signed says following. What's your input?

"List below all items which are incomplete or require repair. Buyer acknowledges this to be the only opportunity to note cosmetic corrections. Except as noted above, buyer accepts property as presented. Buyer agrees to assume all utilities payment on settlement date and has made arrangements for final meter readings. Buyer understands his obligation and responsibilities of home ownership and maintenance and further agrees to maintain house and lot in normal repair. This shall in no way reduce the builder's responsibility for warranty items to which the owner is entitled, in accordance with approved standards. buyer grants to builder and it's contractors permission to enter the premises move-in during normal business hours for the purpose of completion or repair of listed items, warranty items, or township required items."

 

[Zigner]

Sorry I must have missed it.

I did final walkthrough and I found few issues which was listed in the checklist. The checklist I signed says following. What's your input?

"List below all items which are incomplete or require repair. Buyer acknowledges this to be the only opportunity to note cosmetic corrections. Except as noted above, buyer accepts property as presented. Buyer agrees to assume all utilities payment on settlement date and has made arrangements for final meter readings. Buyer understands his obligation and responsibilities of home ownership and maintenance and further agrees to maintain house and lot in normal repair. This shall in no way reduce the builder's responsibility for warranty items to which the owner is entitled, in accordance with approved standards. buyer grants to builder and it's contractors permission to enter the premises move-in during normal business hours for the purpose of completion or repair of listed items, warranty items, or township required items."

If you did not list the color of the bath tub as an issue on the walkthrough, then you may have a problem.

 

[quincy]

Here again is one link to free or low-cost legal assistance in New Jersey:

https://www.lsnj.org

 

[samir1]

If you did not list the color of the bath tub as an issue on the walkthrough, then you may have a problem.

I did not because I did not notice wrong color bathtub until after the closing. You can tell the difference between White color and Biscuit color during day light or if you have daylight bulb installed in the bathroom. Builder had installed soft white bulb in the bathroom so it was more warm and yellow. Hard to tell in that condition.

 

[quincy]

I did not because I did not notice wrong color bathtub until after the closing. You can tell the difference between White color and Biscuit color during day light or if you have daylight bulb installed in the bathroom. Builder had installed soft white bulb in the bathroom so it was more warm and yellow. Hard to tell in that condition.

That could be your major problem.

 

[samir1]

Update:

I reached out to Bureau and they responded.

"As per Bureau of Homeowner Protection, which is a part of the NJ Department of Community Affairs, if the claim is found to be not covered due to an exclusion, the homeowner has not elected the remedy, hence may pursue it outside the scope. The same holds true if the homeowner simply removes it from claim/arbitration. The homeowner is not "penalized" for submitting a warranty claim for an excluded item."

Above information is based on the Warranty Act, which is in NJSA 46:3B-1 et seq. and the Regs are in NJAC 5:25-1 et seq.. There are exclusions in NJAC 5:25-3.4.

Posting it here as FYI and hopefully this will help someone in future.

 

[quincy]

Update:

I reached out to Bureau and they responded.

"As per Bureau of Homeowner Protection, which is a part of the NJ Department of Community Affairs, if the claim is found to be not covered due to an exclusion, the homeowner has not elected the remedy, hence may pursue it outside the scope. The same holds true if the homeowner simply removes it from claim/arbitration. The homeowner is not "penalized" for submitting a warranty claim for an excluded item."

Above information is based on the Warranty Act, which is in NJSA 46:3B-1 et seq. and the Regs are in NJAC 5:25-1 et seq.. There are exclusions in NJAC 5:25-3.4.

Posting it here as FYI and hopefully this will help someone in future.

I believe you posted the same thing yesterday. But thanks.

 

[samir1]

I believe you posted the same thing yesterday. But thanks.

Yes, I posted the question yesterday, but I didn't know statute which Bureau replied today morning so I included statute. hopefully it will help someone in future.

 

[quincy]

Yes, I posted the question yesterday, but I didn't know statute which Bureau replied today morning so I included statute. hopefully it will help someone in future.

The Warranty Act really doesn’t answer your question about whether your bathroom fixtures fall under the builder’s warranty, however, which was what you were asking about originally.

But, yes, knowing there is a Warranty Act can be helpful to other visitors.

 

[samir1]

The Warranty Act really doesn’t answer your question about whether your bathroom fixtures fall under the builder’s warranty, however, which was what you were asking about originally.

But, yes, knowing there is a Warranty Act can be helpful to other visitors.

yes, warranty act doesn't answer my question about bathroom fixtures, but at least it tells me that when claim is not covered by the warranty, I have not elected the remedy and I can pursue it outside of the scope - such as suit

 

[quincy]

yes, warranty act doesn't answer my question about bathroom fixtures, but at least it tells me that when claim is not covered by the warranty, I have not elected the remedy and I can pursue it outside of the scope - such as suit

Right.

The installation of bathroom fixtures that are the wrong color is not a construction defect or (generally) something that would be covered by a warranty but rather would be a breach of the contract you had with the builder.