Bad Sod...Do I have a case?

[aml76]

What is the name of your state? SC

We purchased a newly constructed house in March (06). Our contract states our home comes with a sodded front yard. Sod was put down in February 06 during dormancy and was not watered or cared for prior to our purchase (in our judgment). The sod is dead and is not growing. We have asked the builder to fix the sod and they will not saying it is not their responsibility. Do we have a case for small claims court? Two issues to consider:
1) The contract states homeowners take responsibility for landscaping upon purchase - though it says the yard will be sodded (assuming with live sod) prior to purchase
2) I personally signed (though not my husband) the mainenance request saying the issue was taken care of...my purpose in this was only to say that the neighborhood superintendant had been by and discussed the matter with me and said there was nothing he could do. I have since felt like this is a breach of contract on the builders part since they put down bad sod.

Thanks for any advice!
AmyWhat is the name of your state?

 

[aml76]

Nobody Knows...

I guess no one out there in freeadvice land knows about sod.
Hhmmm!

 

[shell007]

What is the name of your state? SC

We purchased a newly constructed house in March (06). Our contract states our home comes with a sodded front yard. Sod was put down in February 06 during dormancy and was not watered or cared for prior to our purchase (in our judgment). The sod is dead and is not growing. We have asked the builder to fix the sod and they will not saying it is not their responsibility. Do we have a case for small claims court? Two issues to consider:
1) The contract states homeowners take responsibility for landscaping upon purchase - though it says the yard will be sodded (assuming with live sod) prior to purchase
2) I personally signed (though not my husband) the mainenance request saying the issue was taken care of...my purpose in this was only to say that the neighborhood superintendant had been by and discussed the matter with me and said there was nothing he could do. I have since felt like this is a breach of contract on the builders part since they put down bad sod.

Thanks for any advice!
AmyWhat is the name of your state?

Ok..I'll bite.

Sod put down in Feb., House purchased in March. Right?

It is now May!

When did you notify the builder about the dead sod?
How much time was there between the time the put it down and the time you moved in?

 

[aml76]

We told them during the purchase negotiation that the sod looked dead. They assured us it would come out of dormancy in late April, early May -
It's now May, as you so nicely pointed out, and our sod is not coming out of dormancy. We have been talking to the builder about it all along...

PS. From this and other posts I have read, it seems you legal gurus have a bit of a snappy attitude. We are in need of help and post here looking for some advice from some generous souls who know more than we do, and all we get is our head chewed off and spit out! Gee Thanks.

 

[shell007]

We told them during the purchase negotiation that the sod looked dead. They assured us it would come out of dormancy in late April, early May -
It's now May, as you so nicely pointed out, and our sod is not coming out of dormancy. We have been talking to the builder about it all along...

Unless you have proof that the Sod died between the time it was put down and the date in which you moved in, then this is your problem.

Sounds to me that when you purchased the home in March the sod MAY have still been dormant, therefore anything done (or not done) after that point was/is your responsibility.

Water, water, water.

YOU still did not answer my question:

How many days passed between Sod lay and your Purchase?

http://www.turfgrasssod.org/trc/water.html

 

[justalayman]

Did you water, fertilize, etc. as required for a new sod lawn when it became yours?? Did they when it was theirs?

Talk with a grass specialist as to the true condition of the grass and to see if it is salvagable. It may simply be dormant (probably not likely this far into your season but you need to know)

1) The contract states homeowners take responsibility for landscaping upon purchase - though it says the yard will be sodded (assuming with live sod) prior to purchase

Is this meant to mean any additioanl landscaping work (if desired) and/or maintainance or does this release the seller of any warranty situation? Without further definition, this could be read either way.

2) I personally signed (though not my husband) the mainenance request saying the issue was taken care of...my purpose in this was only to say that the neighborhood superintendant had been by and discussed the matter with me and said there was nothing he could do. I have since felt like this is a breach of contract on the builders part since they put down bad sod.

You need to prove the sod is bad or that it was not properly installed if you want to try to do anything (if at all possible). Get thyself to the grass store and talk with a specialist to determine the status of the grass.

 

[aml76]

1)OK, I do not know exactly when the sod was laid because I wasn't here... I know that we first looked at the house Feb 11 and it had brown sod. I also know that the house had just been completed and released for sale that very week. The sod was done sometime in the few weeks previous...which was actually mid January to early Feb. The neighbors have said it was laid in late Jan, early Feb. Nontheless, the sod was there at least 3 weeks before we closed on the house...plenty of time for it to die from lack of water/attention.

2)The neighbors have said that they did not see them water the sod, but I don't know that they would sign an affidavit of this. Everyone in this neighborhood has complained to the builder that the sod is bad (but theirs looks better than mine!).

3)Yes, we fertilized exactly according to directions they gave us and watered. I have talked with other landscapers who have looked at my sod and said it looks dead, but I don't know if any are willing to sign an affidavit. The neighborhood super admitted the sod is mostly dead (there are a few green spots).

4)The specs contract states exactly:
"Front yard will be sodded. All sod, trees, shrubs and all other landscaping become the responsibility of the homeowner after closing."
I guess they lived up to their part by putting down sod, but I have a dead yard and it's not by anything I have or have/not done. I was told by one superintendant that "if it never gets green, we might do something about that," but now they say the landscaping is not warranteed.