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Buying a Home with Constructive Criticism

By
Real Estate Attorney with Powers Taylor, LLP 24035918

Buying a house is an exciting milestone that can often leave prospective buyers looking at their future home with rose-colored glasses. Although everything may seem perfect with the home in terms of location, price and needs, it is important to take a critical look at the history and construction of your soon-to-be home. At Powers Taylor, LLP double checking these three critical issues would wipe out most of our real estate and construction law cases. Follow these steps and prevent a future lawsuit. 

Construction Defects

home inspections

When buying a house, consider a third-party aside from a home inspector to take a look at the bones of the house. Are there issues with roofing materials, exterior surfaces or exterior walls?

Defects and defective construction could lead to significant damage, so take a thorough sweep of the house for any issues. Travelers Insurance finds that construction defects can result from deficiencies in how something is designed, built, operated or maintained. While some defects result in damages that are immediately known such as a burst water pipe, other defects such as a slowly shifting foundation from soil movement take time to appear. These deficiencies can result in the structure failing to perform in a manner the owner might reasonably expect.

You are trusting a builder to meet your expectations and unfortunately, not all builders are reliable and do not complete homes in an acceptable manner, which leads to defective construction and may lead to structural and other issues down the road. Not only do these defects mean money spent on fixing them, but they can compromise your home’s security and your family’s safety, so be sure to get a thorough inspection of your home and ensure that every nail, screw, board and beam are where they should be.

Failure to Complete Contract

The contract is the builder’s promise to you that everything will be done in a timely manner under the agreed upon conditions. But in the excitement of buying a home, it can be easy to overlook clauses in paperwork. Remember that after buying the home, every issue that comes with it is yours. Be sure to understand who owns the responsibility for fixing certain damages before you sign.

Whether you’re a seller or a buyer, failure to complete on a contract means you can be awarded damages as a result. Other conditions that exist when considering failure to complete contract situation includes the base value of the property, date of breach and condition of the property market. 

Home System Failure

Your home provides shelter and a safe space for you and your family, so it should be concerning when your home system fails. Your home system includes things like your air conditioning and heating system, alarm system and even your home theatre. If you find that these have been installed or removed improperly or defected, the value of your home could be drastically affected. If the interrelated structures and parts of your home (HVAC, plumbing, electrical and cable systems, home security systems and alarms, home theatre systems) are making your home anywhere from uncomfortable or unlivable, you should consult a residential construction attorney.

Walk sternly when it comes to purchasing your next home and read through every document with a fine-toothed comb before signing on the dotted line.

If you’ve found construction defects in your home and would like a free case evaluation, contact Powers Taylor Law Firm today.

Comments(16)

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David Gibson CNE, 719-304-4684 ~ Colorado Springs Relocation
Colorado Real Estate Advisers LLC - Colorado Springs, CO
Relocation, Luxury & Lifestyle residential

As you said, getting those promises in the contract is crucial. Buyers and their agents tend to forget that the listing agent in not a principal in the transaction, we need the seller to agree in writing. 

Sep 25, 2015 04:53 AM
Carol Williams
Although I'm retired, I love sharing my knowledge and learning from other real estate industry professionals. - Wenatchee, WA
Retired Agent / Broker / Prop. Mgr, Wenatchee, WA

Getting the buyers to attend the home inspection is soooo important!  

Sep 25, 2015 08:03 AM
Gary Coles (Coaching)
Venture Realty International - Las Vegas, NV
Latin America Real Estate

Welcome to ActiveRain.  Buying is such a big decision that the extra steps you mention are very important

And congratulations on your first post! I am looking forward to reading more. 

Sep 25, 2015 09:17 AM
Sam Shueh
(408) 425-1601 - San Jose, CA
mba, cdpe, reopro, pe

As realtor we just them our professioal opinion. Often we keep our mouth shut. They are buying a property. We serve them.

 

Sam Shueh

Sep 25, 2015 01:37 PM
Barbara Todaro
Retired...Mentoring Newbies - Franklin, MA
Previously Affiliated with The Todaro Team

Good morning, Powers Taylor, LLP I have a policy that every team member follows and that includes each of our clients having an attorney from the first step....no agreement is signed unless an attorney has reviewed it....and we've never had an issue in 37 years.... we play "real estate agent" not attorney or home inspector!!

Sep 25, 2015 09:44 PM
Barbara Todaro
Retired...Mentoring Newbies - Franklin, MA
Previously Affiliated with The Todaro Team

And welcome to ActiveRain.... I hope you enjoy participating on this platform as much as I have over the past 6 years.... it's a good place to learn, share, market and network...and I'm sure you'll enjoy all of it....looking forward to reading more blog posts..... I'm following your blog now...

Sep 25, 2015 09:45 PM
Wayne Zuhl
Remax First Realty II - Cranford, NJ
The Last Name You'll Ever Need in Real Estate

Good morning and welcome to Active Rain! Congratulations on publishing your first blog post! Looking forward to reading more from you!

Sep 25, 2015 11:05 PM
Tony and Suzanne Marriott, Associate Brokers
Serving the Greater Phoenix and Scottsdale Metropolitan Area - Scottsdale, AZ
Coldwell Banker Realty

Powers Taylor, LLP Welcome to Active Rain!  As someone who has been here (on and off) for close to 9 years, it's well worth it!

Sep 26, 2015 12:11 AM
Patricia Kennedy
RLAH@properties - Washington, DC
Home in the Capital

First, welcome to ActiveRain.  You're off to a great start with some important advice for homebuyers.  Hope we see lots more.

Sep 26, 2015 01:13 AM
Bob Crane
Woodland Management Service / Woodland Real Estate, KW Diversified - Stevens Point, WI
Forestland Experts! 715-204-9671

Great perspective and advice!

Welcome to Active Rain, looking forward to reading many more of your posts, let me know if there is anything that I can do to help as you get started here.
Bob

Sep 27, 2015 04:48 AM
Captain Wayne - Rowlett Real Estate School
Rowlett Real Estate School - Panama City, FL
Rowlett Real Estate School / Owner and Instructor

Great advice!  Thanks for the information.  Keep up the good work!

Sep 28, 2015 12:11 AM
Captain Wayne - Rowlett Real Estate School
Rowlett Real Estate School - Panama City, FL
Rowlett Real Estate School / Owner and Instructor

Welcome to ActiveRain, it's great to have you aboard.  I look forward to reading more of your posts!

Sep 28, 2015 12:11 AM
Mery Fernandez Empire Network Realty Luxury Brokerage
Empire Network Realty INC. - Orlando, FL
The Rise of An Empire, Let's Build Yours!

Welcome to the world of Activerain, may your blogging  create a whole new chapter in your Real Estate Career

Sep 29, 2015 01:32 AM
Christine Donovan
Donovan Blatt Realty - Costa Mesa, CA
Broker/Attorney 714-319-9751 DRE01267479 - Costa M

Powers Taylor - The offer of a free case evaluation for those who need them is a great potential opportunity.

Oct 13, 2015 01:54 PM
Christine Donovan
Donovan Blatt Realty - Costa Mesa, CA
Broker/Attorney 714-319-9751 DRE01267479 - Costa M

Powers Taylor - Welcome to the ActiveRain community, and congrats on your first post here.

Oct 13, 2015 01:54 PM
Christine Donovan
Donovan Blatt Realty - Costa Mesa, CA
Broker/Attorney 714-319-9751 DRE01267479 - Costa M

Please know that the ambassadors, those with orange badges, are here to help and answer questions.

Oct 13, 2015 01:54 PM