Building a Home Buying and Selling Homes

Builder responsibilities for touch ups

6 years ago

I am a homebuilder in SC. I have done large-scale renovations exclusively until a new construction home I finished three months ago. We put it on the market before sheetrock and let the buyers select cabinets, fixtures, tile, colors, and all finishes. They were on the site once a week and then nearly every day at the end. When our final engineering inspections got pushed back (in the teeth of covid shutdowns) and closing was pushed back 10 days, we let the buyers move their possessions into the house as the closing on their other house went through as planned. We delivered the house before the penalty date (even with covid related delays) and had an agreement that buyers accepted the condition of the house with a short punch list of items; it was my understanding that this list was exhaustive and the punch list items were the extent of our obligations unless something broke. This was not their understanding. They claim that the first year warranty covers paint touch ups (warranty language: "the seller will make any repairs that shall become necessary by reason

of faulty construction, labor or materials or non-conformity of construction to the Plans and Specifications"). They had more time in the home before closing than 99.9% of other new home buyers, but are still finding items they would like to be addressed three months in. For instance, there were sheetrock patches that were done after the walls were rolled; the patches were brushed in the final painting and have a slightly different texture, not having the stipple of a roller. There are a few places on the front porch where there is gray floor paint on the white trim paint (less than 1 sq inch). There is a screw head in the ceiling above the shower in the upstairs bathroom where the sheetrock compound did not fully fill the phillips head X. The buyers are telling me these are warranty claims and that other builders would come back for anything in the first year that wasn't caused by the owners. We had vastly different expectations and didn't know it before now.

I'd love to get other people's impressions, I've never bought a new house or sold a new house (before this)... what is normal? This home sold for more than other homes in the neighborhood, but near the same price per SF; it is a corner lot bordering a busier road and a smaller lot, but is a high performance near zero energy home with solar array and a Tesla Powerwall, European windows, minisplit HVAC systems and a lot of features no other house within 5 miles has. I guess I was selling this as a super-engineered, high performance home with the very rare opportunity for the buyer to pick all the finishes, and they were expecting immaculate finish work that isn't feasible with the spec-home crews I hire. Any feedback on ongoing obligations would be greatly appreciated.

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Comments (5)

WestCoast Hopeful
6 years ago
We are almost two years living in our new build and we still have some painting deficiencies both in and out to be handled. We also just had concrete work done and have had other things. Settling and cracks and pops happen over time. Our builder happily sent someone to repair. We expected these items fixed for sure and will continue to do so at least through end of this calendar year. Our home warranty is 2,5,10 years for different things.
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Joseph Corlett, LLC
6 years ago
You sound like a conscientious builder. I'd have them make a final list with the understanding in writing that when your best guy punches it out, you're done. Start thinking defense when you bust your a$$, but they get on the interwebby and whine anyway.
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homechef59
6 years ago
Your expectations are incorrect. Sorry.

What is typically done with new construction is a list is made after move in as things become more apparent. Of course, the HVAC not working, roof leak, water intrusion or a plumbing leak would need to be dealt with immediately. At 3 months, have them create a list of issues and repair them. Do your own inspection, too. Most items will be lose screws, paint imperfections and drywall nail pops. Just prior to the one year point ask them to make up a final list. Both of you go over it in person. Discuss the needed repairs. Once completed, have them sign off.

Paint and finish are usually the biggies. Tell them that you will make repairs, but you will wait for paint and nail pops until the final list. The reason being, the house will settle, the framing timber will dry out and additional pops will appear. That's the nature of drywall. Unless you can fix these yourself or you have a handyman on call, you will want to have them fixed at one time.

Paint issues are always a problem. The sheen will be different where any repair was made. You will need to fix this correctly. Touching up the spot isn't sufficient. The entire wall needs to be repainted unless the paint is a flat finish. Flat finish can be touched up. Any other finish will "shine" and the entire wall will need repainting. Not the whole room, just the wall. It is reasonable for the homeowner to expect the finish to be correct. Leave the left over paint with the homeowner with instructions for them to store it in a safe place. You will need it to make repairs at the one year mark. Dirt and crayons on walls is not a reason to repair.

You sold them the house. Your responsibilities do not end with the exchange of the key and the check. Just try to keep the process organized and make certain everyone has the same expectations. Be best friends for the next year. Extra patience on your part is a job requirement.
Just Me (Zone 6a)
6 years ago
We just moved into a new home, and we have a 30 day, a 90 day and a one year visit by the builder for punch items. That said, we also received a very detailed, many page list of what is covered and for how long. I think you need more in writing up front.