Prior to trcc

Originally Posted By: SHANE LOLALR
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I am the owner of a new home less than one year. Can someone please inform me what the standards are for flooring being out of level prior to trecc june 1, 2005. TRCC states now it is 3/8" in any 32" direction. The reason I am asking is that I just had an inspection done prior to my 1 yr warranty expiring and the inspector claims the following as it relates to ceilings and floors:


“Floor slopes were noted in the second floor rooms. Slopes appeared to be related to the structural framing. Defects in the framing could include …AS the framing was concealed by finished materials,it was not possible to determine what,if any, defects were present in the framing or if the framing had simply been overloaded. In order to determine the exact cause of the slopes, the floor framing system would have to be exposed.”


Any suggestions would be greatly appreciated. AS you would expect…the builder is not too cooperative.


Originally Posted By: lleesch
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The Texas Residential Construction Commission pretty much adopted word for word, the old 2-10 warranty offered in Texas. If your builder does not want to inspect or do anything about it, get in touch with the warranty folks that are covering your home. You should have received a packet from a warranty company after closing verifying the information that should have been supplied to you at closing. Generally, most folks don’t realize they have this info as there is so much paperwork that has to be signed at closing and most folks just sign and don’t read what the paperwork is about. In Texas, the warranty that comes with your home is an insurance policy that the builder will perform to the specs in the warranty. Your warranty may differ from the 2-10 warranty but most are relatively close. The builder has the option of fixing the problem, if warrantable, or the warranty company will make arrangements to have it fixed and backcharge the builder. If you have a warrantable defect, the builder is going to pay one way or another. Sometimes this can be a lengthy and trying situation. If you feel that you have a ligitament building defect, make sure to stay the course and above all, don’t lose your cool. Best of luck.


Originally Posted By: James D Mosier
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I would add that you shouldn’t be too discouraged if the builder won’t fix it, as long as the warranty company gets it done.


I'd rather have someone do it that didn't already show their true colors by being un-cooperative.


--
Jim Mosier

Originally Posted By: rwashington
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Are there other things going on in the home to lead you to suspect structural issues? Doors shutting on their own, not shutting smoothly, dime sized S/R cracks all over home, etc…Do you have carpet in your second floor area? I have seen a home that had differences in the thickness of the carpet pad across area overlook create a sense that the home was sloping.



Richard W Washington


www.rwhomeinspections.com

Originally Posted By: SHANE LOLALR
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First off the home was built by Meritage Homes and the warranty is through them. I just submitted the inspection to the builder and have not had much communication with them as of yet. I expet they will call a meeting with their inspector to argue my points. In response to the second post, there are no cracks, doors closing, etc. However, there is an obvious slpe leading to an extreme low point. The upstairs is all carpeted except for the bath. I pulled up sections of the carpet and discovered the basebords were set to make the room appear level. There is about 3/4 in slope in several of the rooms. I have already contacted an attorney regarding the matter but at this time we are just putting the ball in their court.


Originally Posted By: escanlan
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Shane,


The new TRCC warranty regulations took effect on 1 June 2005, as you know. Prior to that homeowners were covered by their 2/10 warranty and the Residential Construction Liability Act (RCLA). Prior to the RCLA was the Deceptive Trade Practices Act (DTPA). Your home was constructed under the RCLA. Here are two links that may be of assistance in understanding the RCLA:

http://www.reptl.org/information/10270000.html

http://www.bushandmotes.com/articlesandnews/Articles42.htm

The first link is to an explanation of the RCLA which was provided by the Texas Young Lawyers Association and distributed by the Texas State Bar.

The second article was written by Bush & Motes, a Texas Attorney firm.

At this point you are in a better situation than those who are building under the new TRCC policies/regulations (?). The new TRCC mandates (?) go a long way to tie your hands.

The following two links are for two large homeowner advocate groups. You may want to read through them for additional information.

http://www.hadd.com/

http://www.hobb.org/hobbv2/index.php

If your attorney has experience in these matters he/she should be fully aware of these and the current status of other matters, such as the ruling that binding arbitration can not be enforced.

Hopefully this provides a little more information for you. Allow your attorney to do his job but remember, it is always up to the homeowner to be aware of what is transpiring, what the current status of laws/rules/etc. are. You are paying your attorney well and he/she should have no problem answering your questions. Of course your attorney will bill you for it but it could be worth it.

Good luck!


--
Manny (Emmanuel) Scanlan

Knowledge is power, but sharing knowledge brings peace!

Originally Posted By: ccoombs
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Shane


I am not in Texas, so I don't know all the regulations etc. related to Texas. However, I am in the home construction industry. Having a sloping floor doesn't mean there is a structural problem. Per your post you don't have other signs of structural problems. An engineer could help evaluate the structural issues, if any.

Often times floors just aren't level for one reason or another and most of them are non-structural issues. A very easy fix is to use a leveling compound. This will fix the un-level floor without a huge amount of effort, time, or money. Keep in mind sometimes the fix is worse than the problem. Pulling apart a house has a lot of potential to create new problems.

In my opinion, lawyers have a time and place, but it seems like you are pretty early in the process for a lawyer.

Good luck!


--
Curtis