Charlie:
Gary over in Shady Acres bought a new town home back in December of 2014, Tom. Little over a year later, he noticed some bad creaking in the floor in the kitchen and living areas when he walks on them. He says he contacted the builder, and the builder said there is some sub-floor movement, but the home was out of warranty. They suggested calling a flooring company. The flooring company came out and said, “Yeah, we can fix this, but, you know, this should be under your warranty.” The builder says that the guarantee only covers structure. Is the sub-floor part of the structure?
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Tom:
Yes. I’m not sure what else to say. I consider it’s the gusset, the answer is yes, but a warranty in the state of Texas really isn’t very strong. There’s no real governing agency that makes you have to do anything. Warranty is really what the builder wants to do and won’t do. It’s not a great state for that. It’s … We have no rights. They tried changing it a while back, and they licensed contractors and had arbitration groups put together.
Charlie:
The TNRC ?? …
Tom:
Yeah, it was a TRC. Texas Residential Construction Commission. TRCC, that’s what it was. It just … They said no, it wasn’t good enough for the homeowner, and they disbanded. Now the homeowner has zero.
Charlie:
Gary has no recourse?
Tom:
Short of a lawsuit if the builder won’t do anything? That’s what you do.
Charlie:
Gary, that would mean spending even more money.
Tom:
That’s right.
Charlie:
For probably even less.
Tom:
I’m not sure how severe the problem is, but if it’s a sub-floor that’s moving around, just nail it down.