Besidemyself
Junior Member
What is the name of your state? Kansas
This is convoluted and complicated. I purchased a brand new house and moved in June 16, 2006. On July 11, 2006 I emailed the customer rep of the builder that I was having problems with stuck doors. I thought it was unusual to send an operations rep, but have since found out that is a sign of a moving foundation. The damage has accelerated in 4 months to bent I-beams, heaving living floor, splitting joists, racked windows, doors that will not close, part of the framework has actually moved ½” in 4 months, etc. etc. The builder has a 10 yr warranty, but only wants to make band-aid fixes. Well actually they have only offered to fix the drywall cracking at the bottom of the basement and fix the door that will not close (BUT that is all they have offered to fix). There have been two separate structural engineers inspecting this house and there is something going on under the house. Both think it may be a spring of some sort. I am fighting with the builder to buy the house back because of the excessive damage. To repair this house will cost more than it cost the builder to build. Since the sales contract I signed states that I will get a brand new home free of defects can I file a lawsuit? They have not lived up to their contract. The kicker is, that in the contract there is a binding arbitration clause. I looked into that and have learned the arbitration is only good for the builder as the builder gets to hire the private arbitrating company. In 8 years nation wide, only 6 homeowners have won cases in arbitration.
This is my web page on the situation: http://www.geocities.com/myllamas/CCFL/pulte.htm
I have sent volumes of letters to every agency I can think of, senators, congressmen et al and I am not getting much accomplished. There is another issue which I will address separately – predatory lending. Oh yes, the builder also owns the mortgage company, so they are in bed together. As long as the builder brings in a good tax base, the good state of Kansas will look the other way.
Any advice is sincerely appreciated. Any names of people that might be interested in this story, would be great too. I am a single woman that is willing to go to the mat. Thank you
This is convoluted and complicated. I purchased a brand new house and moved in June 16, 2006. On July 11, 2006 I emailed the customer rep of the builder that I was having problems with stuck doors. I thought it was unusual to send an operations rep, but have since found out that is a sign of a moving foundation. The damage has accelerated in 4 months to bent I-beams, heaving living floor, splitting joists, racked windows, doors that will not close, part of the framework has actually moved ½” in 4 months, etc. etc. The builder has a 10 yr warranty, but only wants to make band-aid fixes. Well actually they have only offered to fix the drywall cracking at the bottom of the basement and fix the door that will not close (BUT that is all they have offered to fix). There have been two separate structural engineers inspecting this house and there is something going on under the house. Both think it may be a spring of some sort. I am fighting with the builder to buy the house back because of the excessive damage. To repair this house will cost more than it cost the builder to build. Since the sales contract I signed states that I will get a brand new home free of defects can I file a lawsuit? They have not lived up to their contract. The kicker is, that in the contract there is a binding arbitration clause. I looked into that and have learned the arbitration is only good for the builder as the builder gets to hire the private arbitrating company. In 8 years nation wide, only 6 homeowners have won cases in arbitration.
This is my web page on the situation: http://www.geocities.com/myllamas/CCFL/pulte.htm
I have sent volumes of letters to every agency I can think of, senators, congressmen et al and I am not getting much accomplished. There is another issue which I will address separately – predatory lending. Oh yes, the builder also owns the mortgage company, so they are in bed together. As long as the builder brings in a good tax base, the good state of Kansas will look the other way.
Any advice is sincerely appreciated. Any names of people that might be interested in this story, would be great too. I am a single woman that is willing to go to the mat. Thank you