For many people, the dream is to buy a home that is a new build. They want a home built exactly to their specs, on the lot of their choice. They want to know that it's not going to have any issues -- like roof leaks or worn out wiring -- because everything is brand new and up to code. The first time walking through this house is supposed to be a great experience, the culmination of months of planning and building, as all of these dreams are realized.
So what happens when it's not up to their expectations? A client who is let down by the house may start a dispute, saying he or she isn't paying for the house since it's not satisfactory.
Now, if there are clear defects, this may be a simple case. Perhaps the home wasn't built perfectly in accordance with the plans and certain features were left out. Maybe the wrong color paint was used, the wrong cabinets were installed, or the home only has 2.5 bathrooms instead of three full bathrooms.
When the dispute gets tricky is when there aren't any clear-cut mistakes. Maybe the craftsmanship just isn't up to the expectations of a picky homeowner. Maybe the right color of paint was used, for example, but the person doesn't like how it was applied.
It's understandable that people who expect a perfect new home would be disappointed if it doesn't fit exactly with the idea that they had in their head. However, when the builder didn't make any clear and obvious mistakes, the two can become confrontational about whether or not the contract was breached. In situations like these, it's important to know your legal options for dispute resolution.
Source: FIndLaw, "What is Construction Law?," accessed Jan. 06, 2017