Purchase of New Construction

[ATREBOR]

What is the name of your state? Minnesota
We purchased a new home and moved in October 15, 2005. A week before moving in the company put sod down. It was then suggested that we water the sod even though it was fall. As we watered it we saw how the landscaping provided the way for the water to run down and puddle at the back of the house. We informed the seller company on October 23, 2005. We were told that something might be done in spring with the landscaping. (It has a severe slope that leads directly to the house.
In February we began to make a bedroom in the basement (split level home) and after the room was sheet rocked, taped and mudded we noticed frost coming through onto the new sheet rock. We informed the company (since we have a 1-yr warranty) and they came out and re polyed and insulated the entire basement since there was condensation between the poly which was placed between the block and the insulation. The walls have block, poly, insulation and another layer of poly and that piece is then glued and stapled.
After that repair was made we continued to finish off more in the basement but have found that the condensation is back. We now have informed the company and they have not been so quick to come to rectify the problem.
Our question is this. What are our rights? Can we give this house back? Do we continue to play the game of call and fix? Can we force them to re-evaluate the way they landscaped the house in order to prevent further water and moisture? We are severely frustrated and I know this is a long story but I felt I needed to give as much detail so that we know where to turn for help. What can we do?

[pojo2]

(It has a severe slope that leads directly to the house.

You need major work to correct this problem, should NEVER slope toward the home.


Can we give this house back?

No but you can seek legal remedy and keep trying with the builder.


Can we force them to re-evaluate the way they landscaped the house in order to prevent further water and moisture?

Yes and you may need the statement of someone who has expertise in this area to back up your request or suit.

[ATREBOR]

Now. if we have to have the company come out for the 3rd time to address the condensation problem what are our options? This is creating extreme inconveniences for us as well as frustration! We are fearful that the home will be hard to sell when we have to disclose that there was moisture problems three times! Is it time to hire an attorney? And can we make the sellers (realty company) pick up our legal fees? We didn't ask for all of this financial burden!

[pojo2]

You need a company to come out and address the slope toward the property. Until and unless this is fixed you will continue to have problems no matter what you do.

[MGNiko]

With a slope towards your home I can't believe any city would give your builder a certificate of occupancy. In my area you must go down 6" per 10' and this is checked by the code officers before you pass the CO. Did the ground shift after your purchase? Or is this slope towards your house not right against the house? What I mean is, does it slope away for a few feet and then go up a big hill?