Agent “SOILED” Without Builder Report

 

Oh yes, you can say “it was the Builder; it was not my job!” But if you had a “duty” to the buyer, maybe some legal minds might disagree. When you read this, please note the words “developer or builder or their representatives shall”. It is not your job to: prepare the report, review the report with your buyer or anyone else, or say “this is standard;” but it is your job to make sure that the buyer knows that they are entitled to the information identified in the statute, and, if you are a “representative of the developer or builder” (yes, new homes), to provide a copy of the indicated information to the buyer.

Read this statute:

ARTICLE 6.5 Soil and Hazard Analyses of Residential Construction

6-6.5-101. Disclosure to purchaser – penalty.

(1) At least fourteen days prior to closing the sale of any new residence for human habitation, every developer or builder or their representatives shall provide the purchaser with a copy of a summary report of the analysis and the site recommendations. For sites in which significant potential for expansive soils is recognized, the builder or his representative shall supply each buyer with a copy of a publication detailing the problems associated with such soils, the building methods to address these problems during construction, and suggestions for care and maintenance to address such problems.

(2) In addition to any other liability or penalty, any builder or developer failing to provide the report or publication required by subsection (1) of this section shall be subject to a civil penalty of five hundred dollars payable to the purchaser.

(3) The requirements of this section shall not apply to any individual constructing a residential structure for his own residence.

Disclaimer — Content is general information only. Information is not provided as advice for a specific matter, nor does its publication create an attorney-client relationship. Laws vary from one state to another. For legal advice on a specific matter, consult an attorney.

OLIVER E. FRASCONA