BUILDER WARRANTIES - Many buyers are under the false impression that builders in New York are required to provide an unlimited type of 1 year warranty on the new property. This is a falsehood. It is true that the State of New York used to require builders to provide a warranty, but the law was eliminated due to the lack of a way to enforce and regulate it from a State level.

On the other hand, many builders now offer either 1 or 2 year warranties as a form of marketing. What the warranty actually covers varies greatly from builder to builder. The biggest safeguard for buyers is to obtain in writing the builder's warranty and read it very carefully. Look for ambiguities and have them replaced with specific coverages. The biggest ambiguity is the phrase "Quality of workmanship." This is generally used to describe things that the builder will and will not return to take care of. Here are a few things that new home buyers would like resolved at the end of the warranty that many builders like to play off as "Normal" and not their responsibility.

• EXTERIOR GRADING - The earth around the perimeter of the foundation that was originally backfilled is prone to continued settling for the first couple of years. The grading is supposed to drop 6" in the first 10 feet away from the home. Many builders fail to backfill and pack the earth sufficiently and within a year there is a literal ponding area along the foundation.
• STUCCO CRACKS - Different stucco cures at different rates in different climates and temperatures. In the process of curing, it is quite common for hairline stucco cracks to develop. Just because it is typical does not mean that it is not an issue. Stucco cracks can lead to moisture penetration, especially with wind-driven rain. The stucco subcontractor should agree to return and patch any developing cracks at the end of the warranty period. It is also important to have them come back every 3 to 5 years and perform any further needed touch-ups.
• RAIN GUTTERS - It is important that the rain gutter system working as designed. It is important that joints are not leaking and that gutters are positioned so that the water shed from the roof enters the gutter and does not run in behind the gutter. It is also important that areas where gutters butt up against vertical stucco walls are sealed with caulk to prevent the rain water from running between the gutter and wall.
• DRYWALL TAPE CRACKS - Homes are constructed with moist lumber that dries out in the first year. This contraction process, along with normal expansion and contraction, will commonly cause drywall tape joint cracks and separations. Although normal and not a sign of major structural failure in most cases, it is still an undesirable condition that breaks a new homeowner's heart as the cracks develop. Touch-up paint and/or latex silicone caulking is used to camouflage this all too common condition. The caulking will expand and contract with the seasonal shifting and generally keep the cracks from reappearing.
   
• DRYWALL NAIL HEAD POPS - The drywall joint compound used to cover securing nail and screw heads will quite often come off and leave a 1/4" round flaw in the painted surface. This is not a reflection of "Poor Workmanship" in most cases, yet it is something that your builder should agree to come back and repair at the end of the warranty period.
• SQUEAKY SUBFLOORS - Although not as prevalent in newer homes, squeaky subfloors will occur in the major traffic areas. Most builders now use plenty of construction adhesive to prevent this. Better builders will also use grabber type screws instead of nails to secure the subfloor material to the floor joist. Regardless of the method, it is best to spell out in the warranty that floor squeaks will be repaired.
• STICKY DOORS - It is not uncommon for a door that is installed in the summer to swell a bit in the winter and stick slightly in the door frame. The builder should agree to return and block plane and retouch-up paint any sticky doors. Once touched-up the door should fit well throughout the year and not need any further maintenance.
• HARD TO HEAT ROOMS - Hard to heat rooms are next to impossible to determine when the home is brand new and vacant. While vacant it is possible to identify heat registers that are not connected to the heating system, but cold rooms are difficult to identify. Heat flows can be felt, but until a family actually moves in it is very difficult to identify and resolve. Sometimes the doors are to low to the carpeting and with the door shut the ability for fresh heat to enter the room is restricted because the cooler air can't leave the room. After living in a home through all four seasons the new buyer will know which rooms are difficult to heat. It may be that the heating unit is undersized in an attempt to save a little money. What happens when you finish off the basement in that first year and find out that the heater that was supposed to be designed to heat both the main floor and the basement is barely adequate for the main floor alone?
• INSUFFICIENT HOT WATER - What happens when the builder assures you that the single 50 gallon water heater will be sufficient to supply the home. Very quickly after moving in you realize that the 50 gallons of hot water will not even fill the master bathroom large jetted tub above the level of the jets and only luke warm water is coming out of the spout. This was a judgment call on the part of the builder and the hot water supply is clearly undersized for average home use.
• LOOSELY MOUNTED TOILETS - One of the most damaging conditions found on newer homes are loosely mounted toilet bases. Toilets are mounted to the floor with an inexpensive wax ring installed between the toilet base and the flange plate in the floor. After using the toilet, the base will squish the wax ring down and the securing bolts will become loose. Loosely mounted toilet bases allow waste water to trickle around the ring and into the subfloor with each flushing. Over time, this will damage subfloors, flooring, and even the ceiling on the room directly below the toilet.

RADON - What is it???

RADON is a cancer-causing, radioactive gas. You cannot see radon. And you cannot smell it or taste it. But it may be an issue in your home. That is because when you breath air containing RADON, you increase your risk of getting lung cancer. In fact, the Surgeon General has warned that radon is the second leading cause of lung cancer in the United States today.

NEW HOME TESTING - Put the responsibility of acceptable RADON levels in your new home upon the Builder's shoulders. It is recommended that you have the NEW Home tested and if the 48-hour test does not average below the 4 pCi/l level, require your Builder to have the proper mitigation performed.

MITIGATION - Any home's RADON level can be reduced below the 4 pCi/l level. Just because a home has elevated RADON levels does not mean the home is plagued or doomed, but there will be an expense to incur to mitigate. Mitigation will generally run $1,200 to $2,500 on an average sized home. Mitigation can only be performed by trained and approved EPA Mitigators.

BUILDER'S RESPONSIBILITY - Most Builder's in Upstate New York are unaware of the risk of RADON in the area. Most Builder's have no specific training or current information on the topic. If they did, they would take the inexpensive precautions to rough-wire and rough-plumb the home for any needed RADON mitigation. This would greatly reduce mitigation expenses if the home's RADON results were later found to be elevated.

There is no logical reason why a NEW home with elevated RADON should be the Buyer's responsibility to lower the unhealthy RADON levels. New York, however is a "Buyer Beware State" and once the home is purchased it is difficult to hold anybody else responsible. If elevated RADON levels are discovered before a Buyer closes on their NEW Home they can require the builder to resolve the condition.

If you are planning to buy a New Home, don't forego the important RADON TEST!!! Add the contingency clause to your Real Estate Purchase Contract that the sale of the home is contingent upon the home having RADON levels averaging under 4 pCi/l.

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