were you sold a lemon?
YOU ARE NOT ALONE. CONSTRUCTION TRADE ORGANIZATIONS CONTROL STATE LEGISLATION BY WAY OF POLITICAL DONATIONS AND THREATS. STATE LAWS ARE DESIGNED TO PROTECT BUILDERS, CONTRACTORS, SUBCONTRACTORS AND SO-CALLED LICENSED TRADES.
OUR EXPERIENCE, OUR ORGANIZATION AND DEDICATION ARE HERE TO STRENGTHEN YOUR POSITION AGAINST THOSE BUILDERS AND CONTRACTORS THAT HAVE TAKEN ADVANTAGE OF YOUR TRUST IN THEM.
are you experiencing…
Lies, Deception, Incompetence, Poor Workmanship?
Fire or Flood
Construction Delays
Renovations
HVAC
Have you hired an Air Conditioning & Heating Contractor only to discover that your house won’t cool properly? Are you having respiratory issues? Was the equipment sized properly and installed per code? Did you experience damage to your house as a result of the workers negligence?
Unlicensed Contractors
Threats or Lawsuit History
How do you know if your builder subcontractors, or the businesses they have operated under have been sued or have lawsuits pending?
Stucco Defects
Are you experiencing cracked, bulging or oddly stained stucco walls? This type of damage is often described as ‘normal settling’ by the homebuilder. Water infiltration, decay/rot and structural damage can be lurking behind the stucco wall panels.
Electrical Problems
Builders will hire children to wire new houses. After the children are ‘done’ wiring the house, the builder hires an electrician to ‘sign-off’ on the work for permit purposes. This cost saving measure increases builder profits while putting you and your loved ones at risk.
Foundation Failure
You recently purchased a house and soon after moving in you notice cracking in the walls, ceilings, and exterior. The builder sends his ‘warranty’ representative out to tell you ‘This is normal settling’, and to wait until just before the 1 year warranty expires to call the builder to repair the cracks. You find out that your one year ‘warranty’ is expired and you have a more serious issue.
10 Year Warranty
You enter the 2nd year of ownership, and you are told by the builder that the warranty doesn’t cover the major structural defects you have discovered. You read the ‘structural warranty’ only to discover you have been mislead by your builder about what the ‘warranty’ actually is. …A pamphlet of disclaimers.
Scheduling Repairs
You closed on your house, moved in and soon discover a myriad of defects. You call the builder, schedule a day for repairs, take off work on that day, and the builder is a ‘no-show’. You can count on the builder having had some sort of emergency. You reschedule. Again, another no-show. Again, this process repeats itself. You finally stop taking time off from work so that you don’t lose wages, be fired. Score one for the builder, they no longer have to repair your house.
The Band-aid
Most defects in a house are caused by improper construction. These can result in a cracked foundation, rotting walls, cracking walls, etc. During the initial 1 year warranty period, the builder will ‘patch’ walls, ceilings, concrete, exterior walls, etc. These efforts by the builder are often simply masking a more serious issue until the builder can allow the warranty to expire.
Get A Free Consultation
Have any questions or need assistance? Feel free to reach out to us via the form below for a phone consultation, and we’ll get back to you in less time than it took your builder/contractor to return your call.
we are solutions based
Our company is dedicated to providing innovative, solutions-based services tailored to the construction industry. We focus on delivering thorough and accurate evaluations, ensuring peace of mind with every property we assist our clients with. Our assistance starts by understanding, from your perspective, what has gone wrong with the process of contracting with your builder/contractor, building, buying and owning a house with serious defects.
Most homebuyers and homeowners don’t know what they don’t know. Home building in Texas is a nasty business. Lobbying efforts, PAC monies and an all-too-cozy relationship builders/contractors and their trade organizations have with the legislature have created an environment where builders/contractors have become bullies and thieves. Their sales contracts are brutally one-sided.
You won’t get help from the real estate sales industry. They make too much money selling the defective homes that the builders/contractors construct.
You won’t get help from the real estate inspector. They rely on real estate agent referrals for their business. Simply put, if the inspector ‘kills the deal’, the real estate agents blacklist that inspector. So… they don’t say anything that will cut off their referrals.
You won’t get help from the city inspectors. Most houses are built in the county where there is no code enforcement. When and where a house is built in the city, the city inspectors are undertrained and overworked. And… there is simply no incentive for them to enforce the building codes.
You will get help from enlisting the Evaluation and Forensic Services of the DeFectives. First, find out the extent of the defects your builder/contractor has left you with. Armed with a thorough, written evaluation, contact one of the group of Construction Defects Attorneys we recommend. Aligning yourself with an experienced Construction Defects Attorney that knows how to effectively disarm dishonest and incompetent builders/contractors is key to putting your builder/contractor on notice that you will no longer be bullied.
p Our property evaluation process, the cost-to-repair model created by our estimators and the attorneys we work with, are designed to give you a thorough understanding of the problems your builder/contractor has created. We examine the property, including the foundation, roof and flashing systems, exterior and interior walls, electrical systems, plumbing, HVAC system, appliances and more. Following the inspection, we provide a detailed report with our findings, including photos and recommendations for the next-steps in dealing with the builder/contractor. With a step-by-step approach and process, you can make informed decisions.
Our damage and cost analysis service for property owners is designed to help you accurately assess and manage potential repair expenses. One or more of our property condition experts conduct a detailed examination of the property to identify existing damage and the likelihood of future damage. We can also provide a comprehensive report that includes an itemized breakdown of repair costs, enabling you to understand the scope of defects, necessary demolition and reconstruction expenses. With our damage cost analysis, homeowners and commercial property owners alike, can be assured that the pertinent and relevant aspects of the project are understood. Creating an accurate damage cost model is essential for maximizing recovery when suing your builder/contractor.
fu Leak Testing of the plumbing systems can rule-in or rule-out a plumbing leak or multiple leaks. This is often part of the process of understanding why a foundation is ‘moving’ or deflecting to the degree that the walls and ceilings in the house begin to crack, doors begin to ‘ghost’, doors no longer latch, tile floors crack and become loose, etc. A professional leak testing service is designed to identify and address any water leaks, often preventing further costly damage. Utilizing advanced detection methods and state-of-the-art equipment, skilled technicians can thoroughly inspect all plumbing systems, providing a comprehensive report detailing any detected leaks, their severity, and recommendations for repairs. With our precise leak testing, you can help protect your property against further water damage, foundation damage, mold growth, etc., reducing overall repair costs.
When structural deficiencies are discovered during our initial inspection process, and the builder refuses to make the necessary repairs, a thorough engineering analysis service offers a meticulous evaluation of structural integrity and system performance to allow you to choose between repairs or the insistence that the builder buy back the house. Skilled engineers utilize advanced techniques and industry standards to assess various components, including load-bearing structures, foundation stability, and material durability. They can provide a detailed report outlining findings, potential risks, and recommendations for improvements or necessary modifications. This thorough engineering analysis helps ensure that your decision to accept the builder repairs or file suit against your builder/contractor is based on a detailed report prepared by an experienced engineer.
Frequently Asked Questions
Were you sold a lemon?
why was my Realtor(R) so eager for me to use a particular inspector?
IReal Estate agents have an enabler known as the Texas Real Estate Commission (TREC). The Real Estate Commission is largely controlled by the real estate broker and sales agent industry. The TREC sale contracts are designed to protect the real estate agent even when they give bad advice. Quite simply, the real estate agent recommends a real estate inspector who minimizes his/her findings, verbally downplays the importance of findings, and writes an inspection report that is filled with disclaimers. This is a well-known tactic of the real estate agent who wants their sales commission and the inspector who wants continued referrals from that agent and other agents. ‘I hired a Home Inspector recommended by my REALTOR(R) and the Inspector missed multiple issues that are expensive to repair or replace. Is the Inspector liable? Contact us.
I hired a home inspector who missed or understated multiple serious and expensive defects. Can I sue my Inspector?
IMany real estate inspectors (aka: home inspectors) have clauses in their Inspection Agreements that limit their liability exposure to the cost of the inspection services rendered. Presenting your potential inspector with a list of questions that include…How many times have you been sued. How many demand letters have you received? How many times have you returned your client’s fee due to missing defects, etc. can be useful for reducing risk.
Is my Builder required to have Insurance that protects me if the builder abandons my house or commercial structure?
IIn Texas and many other states, builders, general contractors and subcontractors are not required to have professional liability insurance, general liability insurance or otherwise. this is where you have to do your homework. We can help with preparing you for entering a contract with a builder.
Is a builder required to notify me how many times he has been Sued?
Unfortunately, Texas does not require this. In fact, Texas enables builders, contractors, subcontractors, etc. by allowing them to have assumed names, LLC’s and other corporate entities where they have filed for bankruptcy and are immediately up and running under a new name. This system allows you to become the builder’s next victim. We can reduce that risk for you and, of course, your family.
My house is constructed with stucco and has developed Cracks. is my foundation moving or failing?
This is a question that is often asked. Stucco is often improperly constructed. The stucco lacks proper drainage-planes, flashing details, bond-breaks, and lack properly installed weather resistant barriers ‘behind’ the stucco. Water infiltration and retention results in decay/rot to the framing and wall sheathing. This can and does cause stucco to crack. Often, the builder will ‘patch’ the cracks until the warranty period expires. Recently, the builders lobbied the Texas Legislature to reduce the Statute of Repose from ten years to six years. This and other caveats significantly reduce your ability to sue your builder, for any reason whatsoever, after six (6) years. This was done to reduce builder risk for incompetent stucco construction. Instead of enacting laws that require builders to properly construct a house or other structures, your legislature simply reduced your ability to recover damages.
Have a different Question?
Testimonials
“If you’re thinking of buying a house or any other real estate, call Mark Eberwine. Mark will find problems, major and minor, that other home inspectors will miss.”
Sylvia Romo
“I have consulted Mark Eberwine twice now for the homes I have built. He is a thorough professional with many years of experience and integrity. Not only has he done a great job for myself, but also for many friends and coworkers. If you build without Mark, you’re gambling with one of your biggest investments. I would never consider building without his personal inspection.” Carl L.
Why Choose US
Continuity and Familiarity
The Inspectors, Engineers, HVAC Experts, Cost-Analysis Experts, Appraisers, etc., we have assembled, have worked with one another for each other for years and decades. We accept nothing but professionalism from each other.
Free Consultation
a one-stop solution
You have been dealing with an incompetent, unorganized, untrustworthy builder or his sales representative and subcontractors. The last thing you need is an attorney that doesn’t have reliable professionals capable of providing accurate and reliable intel.
We are Available 23.5/7!
Have any questions or need assistance? Feel free to reach out to us via number below for a phone consultation, and we’ll get back to you in less time than it took your builder/contractor to return your call.
Call Us Anytime: (210) 771-7712