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Attyadvisor, Attorney
Category: Real Estate Law
Satisfied Customers: 5513
Experience:  28 years of experience in general practice, real estate law and estate law.
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I bought a brand new house a month ago in upstate New York.

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I bought a brand new house a month ago in upstate New York. Since I bought it, I found out it has several building code violations. Many are plumbing issues which will be costly to fix. What do I do? The builder won't fix them right but will be free but I don't trust him to do it. Is he legally liable to reimburse me if I had a good plumber fix it? What do I do?
Welcome and thank you for your question. I will be the professional that will be assisting you.

Is there anything stated in your contract to purchase the property that the property must be up to code? You may also wish to your local building code department that builder is in violation.

Will the builder agree in writing to repair the code violations?
Customer: replied 3 years ago.
Hi! Thank you for helping me! I don't believe there was anything I signed at the closing that said it must be up to code.

I don't believe he would put in writing that he would repair the code violations since verbally he denied there were any code violations.

What does your contract for purchase of the property state?

Have you had the building department verify that the property is not up to code?
Customer: replied 3 years ago.
I don't know what the contract states. Sorry. I think just basic stuff like my mortgage and the house has a certificate of occupancy, etc.

No. How do I find the building department in order to do that?
Where is the property located in upstate New York?
Customer: replied 3 years ago.
Trumansburg , NY. In the fingerlakes. Near Ithaca. In Tompkins County. Town of Ulysses.

Alex Rachun, Code Enforcement Officer/Building Inspector
Phone:(NNN) NNN-NNNN ext. 231

The builder should not have been issued an occupancy permit if the property was not up to code.

Those being said, have the inspector verify the code violations. Send the builder a letter via certified mail return receipt requested demanding that the code violations be rectified or you will have no alternative other than to sue him.

I am sorry that you are going through this situation with the builder.

You can also file a complaint against him with the New York Attorney General. The Attorney General is tasked with consumer protection for the State and this is a consumer protection issue.

As a licensed contractor you can file a complaint with the licensing board for the State.

Hopefully this will motivate him to repair your home to code.

Please do not hesitate to ask me any additional questions that you may have with regard to this matter. It would be my pleasure to continue to assist you.


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Customer: replied 3 years ago.
Thank you SO much! That is VERY helpful! If I don't want the builder making repairs but instead want to hire my own plumber, can the builder reimburse me for those repairs?
It would be better to have him refuse to make the repairs and then hire your own plumber.

You are welcome. Thank you for using JA!
Customer: replied 3 years ago.
Ok. Thank you so much! :)

You are welcome.

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