Real estate developers have learned how to appeal to prospective homeowners, which allows them to have most of the properties in a new development under contract by the time they start the later stages of the development plan. These companies offer customization so that people feel like their new house is truly home while enjoying the prestige that comes from living in a brand-new neighborhood.
You may have toured a model unit and selected a specific design for the home, as well as materials, trims and colors that fit your aesthetic. You expect that the home you move into will be of the same quality as the one that you toured initially. You also expect the developer and their construction companies to utilize the materials you requested in your contract, especially if you selected prestige materials that increase your overall price.
If you discover after assuming possession of a built-to-order development property that the quality of the work on the building is quite poor or the company substituted poor-quality materials for the ones you requested and paid for, what are your rights?
You can bring a construction defect claim
There are consumer protection laws that apply to real estate transactions and construction projects. In a scenario where the final building does not meet professional standards or where you must make repairs to the property to get it into the condition it should have been in when you received it, then you may have grounds for a construction defect claim.
Homeowners will need to document the issues with their property, possibly by working with professionals from the construction industry to pinpoint the mistakes made and estimate the cost to address those defects.
Other times, you may have grounds for a breach of contract claim against the company if they made inappropriate material substitutions without your consent or knowledge. Especially when such changes have a significant impact on the appeal of the property and therefore its fair market value, you may be in a position to ask for compensation or for the company to replace the cheaper materials with the ones for which you paid.
Learning more about your rights as a home buyer dealing with property defects can help you obtain the resources you need to correct the problems with your property.
