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JimH5 (Indiana)
Posts: 17
Posted:
I purchased and live in a development in Indiana. This development is four years old and was turned over to the owners a year ago. Ever since we have lived here(four years) problems have cropped up and I and others have complained, some issues were addressed by the builder but most were ignored. After the property was turned over to us we had an engineering report done and discovered not only code violations and faulty construction but also that no final Certificates of Occupancy had ever been applied for or issued. Some units were never inspected and some were issued TCO's, but no finals because the interior and exterior common areas were never inspected or failed the inspection. In other words the builder sold all of the units and none were approved for occupancy. The City has now inspected all of the units that were never inspected and a few of the units that had TCO's as well as the interior common areas of the condo building. They also inspected the commons areas around the condo building. All inspections failed just as they had durnig construction. The inspectors gave a long list to the builder represenative. The builder repaired all of the defects on the inside of the individal units and some specific items that the Fire Marshall cited. They now appear to be dragging their feet at the substantial costs that are going to involved in further repairs. The City has been working with us to force the builder to bring the property into compliance but I am starting to think it is not going to happen. There is now a problem of selling your home since a real estate disclosure form is required and who would buy your unit if there is a potential assessment that could be in the thousands. Also who would buy when there are known code violations? I have decided that if the buider doesn't fix I will file complaints with The Builders Association, The Better Business Bureau and The consumer Fraud Division of the State Attorney Generals Office. (I have extensive documentation to prove all I have said.) We were sold property that the builder knew did not meet code and had not been approved for occupancy, to me that is no different than fraud or theft. Thoughts and opinions.

Jim
GlenL (Ohio)
Posts: 5,491
Posted:
Jim yours is a cautionary tale to be sure, did you have an attorney represent you during closing? If so and s/he missed all of this you may have some recourse there and how did the realtor, mortgage company and title company miss all of this? I would urge the BOD to consult with an attorney to make sure the builder doesn't drag his feet past some statute of limitations. I'm not trying to excuse the builder but in this day and age your lucky he's still around to find and that he has funds for any repairs.

Studies show that 5 out of 4 people have problems with fractions
JohnK3 (Pennsylvania)
Posts: 967
Posted:
All good points, Glen. The odd one that sticks out to me - and I'm guessing from the OP that he's the original owner - is that closing occured w/o a C of O. If so, the parties mentioned would seem to be at least guilty of incompetence, if not something worse, and have some 'splainin' to do.
JW5 (Maryland)
Posts: 20
Posted:
Check with your attny general. Here in MD all builders a lic. by the state and the attny genrals office intervenes in code compliance/builder issues.
MicheleD (Kentucky)
Posts: 4,491
Posted:
I don't think I would wait for him to "fail" at fixing it.

You have nothing to lose by filing your complaints now.

The more heat, and attention, he gets may work in your favor.
JimH5 (Indiana)
Posts: 17
Posted:
Yes, we are the original owners. I checked with the title company and they deny any responsibility and claim it should have been the mortage company to verify all requirements had been met. The City has told us that if we even mention legal that they will stop helping us. Up to now they have been our only salvation and we hope they can keep pushing the builder. As I said there are tens of thousands of dollars that will be required to put the property in the condition to pass all code requirements. The board has been totally involved and are responsible for getting us this far. Many, many hours have been spent meeting with City Officials and code inspectors, obtaining official documents, ect. My concern is that if someone sells their home without disclosing these problems wouldn't they be liable for making false statements to the buyer and others involved with the transaction.

Jim
JohnB26 (South Carolina)
Posts: 1,569
Posted:
Quote:
Posted By JimH5 on 08/06/2009 2:08 PM
Yes, we are the original owners. I checked with the title company and they deny any responsibility and claim it should have been the mortage company to verify all requirements had been met. The City has told us that if we even mention legal that they will stop helping us. Up to now they have been our only salvation and we hope they can keep pushing the builder. As I said there are tens of thousands of dollars that will be required to put the property in the condition to pass all code requirements. The board has been totally involved and are responsible for getting us this far. Many, many hours have been spent meeting with City Officials and code inspectors, obtaining official documents, ect. My concern is that if someone sells their home without disclosing these problems wouldn't they be liable for making false statements to the buyer and others involved with the transaction.

Jim

Yes, they would.

imo: file a claim with the title insurance company ... cut your losses and RUN
DwightT (Idaho)
Posts: 664
Posted:
Quote:
Posted By JimH5 on 08/06/2009 2:08 PM
The City has told us that if we even mention legal that they will stop helping us.

I'm sure they did, probably because they shouldn't even have issued a "Temporary" Certificate of Occupancy (I'm assuming that's what 'TCO' means), so if lawyers start to get involved, there may be some liability on their part as well. Personally, I don't see how something like a TCO could even exist. It's either certified now, or it isn't.

Frankly, I think you need to get an attorney involved now, even if it does mean that the city stops directly helping you. You have too much at stake here to trust that somebody else will take care of you.

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