re: OT lawyers... question about real estate law

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This is an easy one. If my client had this problem, I would be able to tell him the answer after doing one quick check to make sure the law hasn't changed. Probably bill six or twelve minutes for $25 or $50.

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if you tell me the fricking answer, i really will mail you a check...

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if you tell me the fricking answer, i really will mail you a check...

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Probably bill six or twelve minutes for $25 or $50.

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What do you think his answer would be if his client is only billed $25-$50?

I believe your question has been answered. Even if you could show that it was a non-apparent defect, which would likely be difficult, it still might not be worth getting an attorney to handle a matter that will costs $4,000, or less, to correct.

Another poster told you to get a second quote. His use of the correct terminology tells me that he might have some experience with the field. He could be right about $4,000 being high.

You might want to try the non lawyer options that were posted. He might back down, and correct the issue, if you started a boycott facebook page, filed a claim against the warranty company, etc.

I am a professional dog walker, and definitely not your attorney.

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Another poster told you to get a second quote.

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i've gotten 4 quotes from 4 different people (Ayo's, Greenscapes, etc.)... all were right around 4K...

the builder uses 2-10 Home Warranty, or some shite... after reading, it looks like he is responsible for making sure the water drains away from the house....

it would be one thing if i were the only one, but my neighbor across the street has the exact same problem, and lo and behold, it's the same fricking builder... what i think really happened was the dude was ready to GTFO of our subdivision so he could go to another project and tried to skimp on his responsibilities towards the end, once the residences were built and signed over.... he's a shite arse, his partner is a shite arse, and my only regret is not knowing this about him sooner, because, even as beautiful as the house turned out, i would have NEVER used this builder...

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Why haven't we banned legal questions on this board yet?

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I cannot offer advice on that. I am not your lawyer.

Might want to calibrate that sarcasm meter. Either that, or I need to calibrate mine.

Just what part of 14:66 do you think the following fits under?

"Please correct the improperly performed work you did for me or I will contact the local news station and tell them you have refused my request to do so."

The last section is a catch all provision. I am not saying that it definitely "fits under" Louisiana extortion laws.

My original point was only that it's pretty stupid advice to tell someone to demand the work be fixed or else they'll go to the press.

You can read the LA New Home Warranty Act for yourself.

What is covered:

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Warranties;

A. Subject to the exclusions provided in Subsection B of this Section, every builder warrants the following to the owner:

(1) One year following the warranty commencement date, the home will be free from any defect due to noncompliance with the building standards or due to other defects in materials or workmanship not regulated by building standards.

(2) Two years following the warranty commencement date, the plumbing, electrical, heating, cooling, and ventilating systems exclusive of any appliance, fixture,
and equipment will be free from any defect due to noncompliance with the building standards or due to other defects in materials or workmanship not regulated by building standards.

(3) Five years following the warranty commencement date, the home will be free from major structural defects due to noncompliance with the building standards or due to
other defects in materials or workmanship not regulated by building standards.

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From the exclusions

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B. Unless the parties otherwise agree in writing, the builder's warranty shall exclude the following items:

(1) Fences, landscaping, including but not limited to sodding, seeding, shrubs, existing and new trees, and plantings, as well as off-site improvements, all driveways and walkways, or any other improvement not a part of the home itself.

(d) Any change of the grading of the ground by anyone other than the builder, or any employee, agent, or subcontractor of the builder.

(7) Normal wear and tear or normal deterioration.

(8) Loss or damage which does not constitute a defect in the construction of the home by the builder, or any employee, agent, or subcontractor of the builder.

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You can pursue anything in court obviously, but the warranty is pretty cut and dry. Outside of having anything about the grading in writing between you and the builder, and as long as it's not causing direct damage to the home, you're in for a long battle.

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but this could be construed as a structural defect and covered under the warranty

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That's a huge stretch. Do you understand what it would take to prove that standing water several feet away from the house is causing structural defects? It would take structural defects for one and all sorts of engineering reports stating as much from actual Structural Engineers. Unless OP is already having slab issues and is noticing major cracks on his slab or bricks, this would get laughed out of court.