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Closing Letter question

Home Improvement Asked by SunnyBoyNY on January 26, 2021

I had a construction company build my new home. It went quickly smoothly and I was happy with the process.

There were just a couple of minor fixes to be done after closing (two months ago) which have since been completed. The builder now wants me to sign off on the post-closing letter stating that the two items have been done.

However, I have since found more items to take care of. E.g., the fridge does not dispense water and there is no gap between a bathroom toilet seat and the adjacent wall. The toilet tank is essentially pressed against the back wall. So if you move on the seat, the movement generates noise as the tank rubs against the drywall. The model home had this done correctly.

Are these newly discovered items something that should be followed up on with the warranty department of the company or should I hold off on signing the post-closing letter and essentially do not let the builder get off the hook?

EDIT 1: picture of the toilet seat

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3 Answers

It probably depends a lot on what your contract with them says.

If there was a "punch list" period during which you were to report issues and they were to fix them, and that time period has passed, then it's probably time to sign and let the warranty department handle it.

If there was no such period, then I'd contact them and very nicely indicate that there are a few new issues that you've discovered that you'd like to have squared away before signing off on an otherwise fantastic house. (i.e. be really nice about it, and they're likely to keep you high on the priority list, be angry about it and they'll drag their feet.)

Answered by FreeMan on January 26, 2021

You don't sign off until you are happy. You already live in the house. Builder needs you to sign something. Being reasonable, you have no incentive to ever sign anything now that you live in house unless you are 100% happy. Note too that when you sign off builder may be done unless there is a glaringly big issue - which the 2 you noted aren't. Also note that warranty company may not cover pre-existing known issues. (pretty sure there is no chance they will)

Answered by DMoore on January 26, 2021

Your (2) recently discovered issues aren't unreasonable concerns. If you approach the contractor and request they be rectified before you sign-off there shouldn't be any difficulties.

This will only happen if there was a contract written and agreed upon that stated this would be part of the building process. Most contracts won't detail every phase of the job. It should mention that the work will be completed to "code standards" (or words to that effect).

Your contract is what will allow you the legal right to with hold any payment if work is sub-par, but it also ensures that a customer can't continue to squabble over minuscule irritations.

Regarding the toilet; in my area the toilet needs at least 15 inches of space on either side of the seat center.

Answered by ojait on January 26, 2021

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