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  1. #1
    cman6453 Guest

    Unlivable conditions?

    Hey everyone!

    I'm a first time homeowner that just bought a condo/townhome in San Diego, CA.

    I've been having problems with the developer since day one of the move in.

    My question surrounds something that was just recently brought to my attention. The question of the home being livable.

    I understand there are certain things in a home that must be functioning, i.e. water, gas, electricity, in order for a home to be considered livable.

    Yesterday, I realized that the fact that my thermostat had not been working could be grounds for an "unliveable condition". This means no heat or a/c.

    I wanted to know if anyone knew of any re-course that I could possibly have against the developer.

    Thanks in advance for any feedback.

    Chris
  2. #2
    Ct_Pumpkin Guest
    hi Chris. Check the builders information. Maybe badbusinessbureau.com there are alot of class action lawsuits out there on this subject. also another site is HADD Homeowners against defective dwellings. they have alot of information on thier site. seems to me you could file a claim with that builder. Ask around and see if other homeowners in that area had the same builder. If they are having same or simular problems.
  3. #3
    JETX is offline Senior Member
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    "Yesterday, I realized that the fact that my thermostat had not been working could be grounds for an "unliveable condition". This means no heat or a/c."
    *** If you are the property OWNER, then it is your responsibility to maintain it.. including the thermostat. If it doesn't work, then fix it. And if you feel it is the builders 'breach', then consider filing a lawsuit to recover your 'damages'.
    Pretty simple, huh??
  4. #4
    cman6453 Guest
    jetx - Just to clear things up, this is a freshly built, brand spanking new home in which the thermostat, or lack of one, was pointed out during the walk thru. Upon receipt of the keys, not only was the home in shambles, the wires to where the thermostat was supposed to be installed was not there.

    The thermostat is just a part of the problem here. I've also had to deal with missed repair appointments on their behalf of problems that exist to this day and, again, were pointed out in the walk-thru.
  5. #5
    JETX is offline Senior Member
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    If all these problems were 'pointed out in the walkthrough', why didn't you make sure that they were corrected BEFORE you closed??
    Or at least had sufficient builder funds escrowed to force repair or to fund you repairing?
    Where was your realtor or attorney when you agreed to close on this crap??
  6. #6
    cman6453 Guest
    anyone else with relevant insight?
  7. #7
    Bigfoot is offline Member
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    In addition to the 'relevant insight' you've already received, I'd ask also why you didn't hire a property inspector or where the city's building inspector was, who would have issued the certificate of occupancy.
  8. #8
    cman6453 Guest
    Bigfoot - As I mentioned, I was confident with the process up until I actually walked into the place after accepting the key. As I mentioned, the place looked 10x's better during the final walk thru. I was assured that, at that time, the thermostat would be installed by the time we moved in. SURPRISE!!

    Maybe I'm raving too much on living conditions. The place is definitely not a dump. But the difference from what I saw during walk thru and what I saw as I walked in as a homeowner for the first time was night and day. From what the walk-thru rep told me, their are conditions, i.e., no water, electricity or heat, that are considered unlivable conditions in CA.
  9. #9
    HomeGuru is offline Senior Member
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    Why would you listen to the walk-through rep? Those people are "sales people" and do not understand the terms and conditions in the contract and real property contract and construction warranty laws.
  10. #10
    cman6453 Guest
    I had no reason not to believe him.
  11. #11
    HomeGuru is offline Senior Member
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    So you verified that this person has a solid understanding of the terms and conditions in the contract and understands real property contract and construction warranty laws?
  12. #12
    cman6453 Guest
    Again, I had no reason not to believe him.
  13. #13
    HomeGuru is offline Senior Member
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    Originally posted by HomeGuru
    So you verified that this person has a solid understanding of the terms and conditions in the contract and understands real property contract and construction warranty laws?

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