By Michelle Crouch
The Richardson family had been in their new Union County house for several years when the floors separated from the walls.
The foundation was sinking.
But
when Ben Richardson asked his builder to fix the problem, he learned of
a gap in state law that was even bigger than the one between his floor
and his walls: N.C. homeowners have only six years after a home is
completed to sue builders for problems.
"The
builder never denied that there were defects," said Richardson, who
spent $8,000 on repairs. "He just said he wasn't responsible because it
had been more than six years."
It's
one example of a gap in state homeowners' rights outlined Tuesday in a
report released by the N.C. Public Interest Research Group, a consumer
watchdog. The report listed loopholes in state laws that leave
homeowners vulnerable.
"Homes
are the most important investments a family will ever make,' said Rob
Thompson, the group's consumer advocate, "yet it's one of the least
protected."
Many of the same problems were revealed in a 1998 Observer series, "Home Buyer Beware."
Tom
Bartholomy, president of the local Better Business Bureau, said
builders and contractors are among the top subjects of consumer
complaints. Last year, the agency fielded 152 complaints against
builders, a 50 percent jump over the previous year.
The
public interest agency will lobby the legislature to adopt a
Homeowners' Bill of Rights, Thompson said. Among the recommendations:
• Give owners of new homes 10 years to sue builders over defects, instead of six.
•
Require a license for contractors who perform any work that costs more
than $5,000. Now, they need a license only for jobs over $30,000.
•
Add at least three consumer representatives to the N.C. Licensing Board
for General Contractors, which oversees complaints against contractors.
•
Loosen the rules so more homeowners will be eligible for money from the
state's homeowner-recovery fund, which helps those who suffer losses
caused by negligent builders.
• Change the law so homeowners can sue the manufacturers of building materials as well as general contractors.
Tips Before Building
•
Check out the builder. Call the N.C. Licensing Board for General
Contractors at (919) 571-4189 or the S.C. Residential Builders
Commission at (803) 896-4696 to check for complaints.
• Spend time at the site.
•
Hire a private inspector or structural engineer to inspect the home
twice: once before the builder puts up sheetrock and again before
closing.
• Hire a real estate attorney to examine the contract to ensure that all warranties and rights are protected.
