Couple sues home builder for shoddy home

Mold, cracked walls, unlevel ground, leaking floors. Not exactly something you want to deal with after moving into your remodeled home. (WOAI.com)
Mold, cracked walls, unlevel ground, leaking floors. Not exactly something you want to deal with after moving into your remodeled home. (WOAI.com)
Reported by: Janet Kwak
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Updated: 2/24/2010 9:31 am
SAN ANTONIO -- Mold, cracked walls, unlevel ground, leaking floors. Not exactly something you want to deal with after moving into your remodeled home.

It's a situation Robert Overby and his family faced. That was three years ago.

"To buy the home, to make repairs, to make engineers come out... we've spent over $300,000 dollars," says Robert.

Robert wants the builder to fix these problems soon. A state commission came out in 2007 and found there were significant defects to the home. The builder had 45 days to make the fix, and by law, both parties had to agree on a repair plan.

"We have moved forward and finished many items," adds Bryan Smith, president of Vision Design and Build. "One of the things we need is access."

Bryan says the biggest challenge is getting the owners to let him inside the home to make repairs, and finding a time that works for both of them.

"[The homeowner tells us] we can only do work from 4:30 to 6:30 pm, and on Saturday from 4 to 6," Bryan says.

Robert says he just wants to be there when the work is being done.

"Coming out three times and not having it repaired correctly, I want to be here for him, to watch him to repairs," comments Robert.

The builder has offered to buy the Overby home, but the couple refused because it's less than the contract price. They are now suing the city, SAWS, CPS, and the builder for 1.2 million dollars.
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The views expressed here do not necessarily represent those of News 4 WOAI (WOAI.com)

GSDlady - 2/24/2010 9:47 AM
Check out the picture of the house front from 1/2008. From the looks of the grout and a larger window on the right side, it looks nice. BTW, how many teachers do you know that can afford $300,000 for repairs to begin with....or a $1.2 mil house? Something doesn't jive here...

TruthAboutMold - 2/23/2010 10:43 PM
Mold can cause serious health problems. For accurate information on the health effects of mold, go to http://truthaboutmold.info. You might like to know there is a new organization called ACHEMMIC--Action Committee on the Health Effects of Mold, Microbes and Indoor Contaminants. Their website is http://achemmic.com.

FindingTruth - 2/23/2010 6:50 PM
The homeowner may seem unreasonable from a short story -- but we had this same builder work on our house and it was difficult. we finally gave up getting things fixed. some of the special design features in the original plan were things that he had no idea of how to accomplish. Believe me, show rooms look good but it doesn't mean the people you are talking to know anything about how to accomplish it!!! It will always be a sore spot that we spent so much money and have a room addition that we are sick about.

FindingTruth - 2/23/2010 6:44 PM
The

JVReeves - 2/23/2010 6:36 PM
CPS and SAWS have both done work in our neighborhood. The pay the city to leave them alone after they tear up the streets, lawns and fences. Just because it hasn't happened to you yet doesn't mean you're immune. Give it time, SATX screws everyone eventually.

skipless - 2/23/2010 5:54 PM
HA! 1.2 mil!!! HAHAHAH good luck with that one. and your suing CPS and SAWS also! wow. i wonder what ambulance chasing lawyer they got. and your 2 hour windows to allow for repair is REDONKULOUS! get a clue and also these homeowners are idiots. sounds like a setup to make the builder fail and they just want to make 1.2 mil and never had any intention of allowing the builders to properly repair with those ridiculous 2 hour windows. nothing but a case of 2 more freeloaders looking for handouts.

Gran Torino - 2/23/2010 5:36 PM
They buy a bad house and SAWS and the city are sued? LOL these people are just plain stupid.They spend 300K on it and it still is not not done? LOL these people are losers.

lenny66 - 2/23/2010 4:52 PM
You spend 300,000 on improvements and it's still a POS. Hell, Cut your losses and take the builders offer. 2 hour window is also ridiculous.

Sam1254 - 2/23/2010 4:46 PM
It's almost like he's trying to set the builder up for failure. After you figure in setup time, it's then time for the workers to start wrapping the day up.

falconfan - 2/23/2010 4:41 PM
I agree. The homeowner is being unreasonable in regards to his time availability. If he wants to be there then either take some time off work or let them come in all day Saturdays and Sundays.
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