Have you talked to your attorney about the terms and conditions of your contract?

I haven't gotten an attorney. I am thinking about getting one this week, if they refuse to fix, but I'd hate to shovel more money down a sinkhole if I don't need to. I am pretty sure this is a common enough occurrence that there is standard procedures and expected outcomes. I've got approx 1 month before close, so I wanted to get the builder's full responses to my complaints in writing before I sought out legal council.

@Wysmama, well, I dunno. They need to get it sold two days after my closing date in order to get it onto the books for the fiscal year, from what I hear. I also don't know what kind of fight to expect beyond the 2k, if any.

At the same time, the time constraint works against the likely hood that they will tear down the veneer and do it properly.

I'd really rather they just fix the issues. I am so invested with time and stress, money aside. I'd hate to go through this whole process again. It is a nightmare that could give a healthy man heart problems.

You still have 99% of your money so $2000 is 1%? So the house is $200k? I wouldn't expect a lot of willingness to attend to detail from the builder.

Does it look like all the others in the development?

Are you going to get an inspection?

I would say at this price level look for major problems. Systems (plumbing, hvac), windows, doors, etc.

Good luck!

Get a roofer to inspect and give you an estimate. Could be the roof sheathing is not properly installed. Have a mason inspect and give you an estimate to repair the wall. Once you have those in writing from professionals your bargaining position is strongest. . . .But do a full inspection now and create a punch list so your builder is aware of necessary repairs and has time to do them before closing.

@jn3344 It is $263, and was priced $292 with all the options. I've only given them 2k at this point. I'll be handing over another 80k at close if we close.

I don't expect things to be perfect, but I don't expect I am forced to accept anything they hand me either.

dan1888, I don't know any developer that will allow to have your own inspector inspect a tract home. Most barely allow the potential HO on the site, let alone someone scoping their work.

Oh, these guys will let me have one third party inspection when they are done building. Even then, what happens when I say, "This is not acceptable" and they say, "Too bad. We aren't fixing it?"....do you just not close? and then what?

"do you just not close? and then what?"

Then would up to you and the language in the contract. However that being said, the contracts form developers most often is very much one sided in their favor so be prepared.

Just do it. Bring someone to inspect after the workday is over. It's your money and the builder is refusing to recognize the problem. If he questions you make closing contingent on inspection. You're not an expert. If you are hesitant film the 'feature with as much close-up detail as possible. Get on the roof yourself for this. Get a pro estimate from that. Whatever it takes. Protect yourself from shoddy workmanship. Do not give up. Get a figure and reduce the price by that amount or allow the builder to repair. Having a pro estimate is your strongest position. Don't give that up.

Its not his home bringing in someone after hours could be considered trespassing. He is allowed an inspection prior to close but you can't change the contract now unless both parties agree to it in writing.

Why don't I have a good feeling about the outcome on this...?

@virgil Does anyone in America ever have a good feeling when doing a business transaction with a business entity post 1970?

I have no idea what you are saying.

I don't really like this attitude: builder "we don't have to fix anything aside from city code" because it isn't correct. Did this come from the boss? Either way, you don't need this. You're handing over $292K, not just your down payment.

There are better tract builders out there. There are great tract builders out there. They may not be the cheapest.

BTW, photos would help.

Years and years ago, I had some clients that wanted a particular house in a particular subdivision. Builder was not that great. When they did the Builder walkthrough, they ask the rep about the dip or depression in the middle of the living room. This was a concrete foundation with carpet over it.

Builders rep said that it wasn't a problem, the foundation was functioning. By which I suppose she meant that it was holding up the walls, and the doors would open and close... They asked me an intervene, but the Builder would not return my calls. Buyers sent Builder a letter saying that they wanted this flaw fixed before they closed. Builder never returned my calls. Then I received a registered letter that was address to the buyers iin care of me. Its threaten legal action etc etc. Builder said he was going to sue them, keep them from ever buying a home, and go after my license. And we never heard from him again. Edited to add, insist on closing after repairs are complete. Once you close on the house, I feel very sure you will never hear from that Builder again.

Hire your inspector, detail all problems with experts... roofers, bricklayers, etc... and ask for the repairs before you close. Your options are probably simple... he refuses repairs and you either accept them as is or you terminate the contract and lose the $2000, or he does repair them.

Read your contract to determine what they expressly do agree to and go from there. Most likely, your RE attorney is not a courtroom litigator, and can only offer minimal help. Most are transaction coordinators, and you would have to hire a litigator to really get any help from an attorney.

Agree with the consensus above: meet with a good real estate attorney so you know your options. It is unlikely that this will come down to litigation, but you need to know your options. ncrealestateguy is right about litigation attorneys vs real estate attorneys. Some of the larger firms have fierce litigation departments and sometimes just a letter from that firm/attorney will go a long way toward getting the builders attention. Having said that, you do need the ammunition from an excellent inspector that you hire showing the deficiencies.

Once you know your real options, you may decide it's better to walk away rather than take on a home that needs repair from Day 1.

You can see these things, but what can't you see? Sounds like a crappy builder that cuts corners to save a buck. I would walk away without hesitation.

This is one of the reasons you don't enter in a major financial transaction and life changing event without the counsel of a lawyer.

Ok, so let's be clear - you have infinitely less leverage once you close. Have a real estate attorney look over your contract.

Tell the builder you want the property available for a home inspector prior to closing (so there's no trespassing issues, etc). Do that in writing.

You don't have to have any discussion or debate - just make it clear that you need them to make it available. If they say no, then sit tight on the closing.

So look, they may threaten legal action, etc... but attorneys aren't cheap and a house that won't close because of litigation is not in the builder's best interest. It could be cheaper to fix the problems.

What's more, totally one-sided contracts are often not enforced by the courts. Keep records of statements (date, time, who said) of any "We don't have to do anything..." statements. They demonstrate bad faith.

Don't dribble your complaints a little at a time. Go in - with an inspector - and do it all at once.

Keep in mind that minor cosmetic things are easy for you to fix (paint, nail pops, etc) you don't want to go to the mat on those. You want to go to the mat on big, expensive things to fix. A builder seeing trouble would be likely to fix the nail pops and door stops to show good faith so he could say you were being completely unreasonable about the foundation cracks.

So for any readers other than the OP: If you are building a house, you want your own inspector there at each stage - foundation & footings, Framing, Rough-in, Finish. It needs to be in your contract and how it's going to be resolved if there's a problem. If the builder says no-walk away.