What to do is my builder damaged the engineered hardwood between final inspection and closing. Now only wants to “repair” with a stain marker?

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What to do is my builder damaged the engineered hardwood between final inspection and closing. Now only wants to “repair” with a stain marker?

There are several spots where the builder damaged the hardwood to the point the top layer is punctured. He wants to replace 1 board for the most damaged spot, but insists using a stain marker to mask the others is an “acceptable repair”. My point to him is that this is a purchase contract with warranty for a brand new home and I should not have obvious repairs on the floor. There is 1 spot he tried to use a stain marker before I arrived and it is not acceptable. As this is a new home, I would think the floor should be new, not damaged.

Asked on August 29, 2012 under Real Estate Law, Kentucky

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

The builder--or any seller, for that matter--is obligated to furnish the home to you in the same shape it had been at final inspection, and therefore to restore any damage done after inspection. It is not up to him to decide whether it is an "acceptable" alternative to use a stain marker--the legal obligation is to put the home in the shape it was in at final inspection. If he won't do it voluntarily, however, you'd have to sue to enforce your rights, so you need to weigh what you hope to recover versus the cost, time, and effort of legal action, if it comes to that.


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