We built a house through Perry Homes and have had a myriad of issues with it since moving in July 2023. Trying to get Perry to send workers out to fix problems has been worse than pulling teeth. I know there are some protections if you purchase a "lemon car" and it turns out to be a dud. Is there something similar for purchasing a house? Or am I SOL as soon as I signed on the dotted line and moved into the house?

Any help or advice would be greatly appreciated. TIA

Isn't this covered by some kind of warranty? There is no lemon house law. There are fraud laws if you fail to disclose a material fact that you knew or should have known.

Sell it don't smell it is alive and well in housing. Thats so much nonsense. Good luck, OP!

But it's been less than a year. I would think everything in the house is still under warranty except the plants outside

Do you have the written warranty?

I do. It's somewhere in the cast paperwork I have for this house. You looking for something in particular?

Did your pre purchase inspection catch anything?

It did. Caught the poor drainage in the backyard, a pipe in one of the toilets wasn't correctly installed, and a few other minor miscellaneous items. It did not catch the lack of irrigation shut off valve, the crack in the window

From my limited experience pushing off warranty works is standard. We chased our builder up to the last few weeks and they came in and swept through our place. It's pure expense so no incentive to rush the repairs unless dangerous. Just document the heck out of the repair list.

Agree on getting a more thorough inspection to catch whatever you can. This is pretty common to do before the warranty expires.

Either way, though, Perry has shown they are going to dick you around. So, I'd get a lawyer. Maybe a simple contact by them will be enough to show them you're serious and they'll start fixing stuff.

Final thing to consider, if this is your experience with them, do you want them to fix it? Obviously it'll depend on the cost of each repair. But, for example, if your water is running because of a part that a plumber can fix today and charge $500....it may be worth the convenience tax and move on from some of these things. Especially if it'll take a lawyer for them to start moving.

I think we're going to with the getting another inspector route. I don't know if they like this, but we plan on being there for the inspection and walking it through with them. I will then send that report over to the warranty department.

I sent an email to the CEO, Todd Chachere, but I have not heard back as of this morning. I did send it Friday afternoon so I think he is still within a reasonable timeframe to respond. (Although I am not holding my breath, I suspect he is very busy).

I also plan on talking to my friend who is a personal injury lawyer and seeing if there is anyone he knows that might be able to help us out from a legal standpoint. I don't really want to go this route, but I'll keep all my options open at this point.

I already did that with some landscaping. They put some soaker hoses in my garden beds (I have a lot in my front yard) and every single one of my plants died, including one of the trees. I had some landscaping guy come in and pull the dead plants and tree, put in new plants, plant a new tree, add new mulch, and add sprinkler heads to replace the awful soaker hoses. Perry did not want to take care of this as they "are not responsible for the upkeep of plants" and that soaker hoses are a satisfactory resolution to my issue (even though I'm sure they caused all my plants to die in the first place). So I coughed up the few thousand dollars to address this situation and would really not like to spend more money to fix a situation that Perry created.

Another thing before just lawyering up because that will put work to a standstill. After the outside inspection, put each item on a list and tell them you want a timeline for repair or replacement. Landscaping is absolutely not be a concern or their problem. That way they can tell you line item by item how they are working on replacement or repair. Simply state after the dates in this timeline, things will then go to a lawyer if there is not an agreed upon altered timeline. This will get their attention without then just halting work. Also it's not that they might be stalling work but the small stuff is hard to track down and getting the workers out for a repair versus them being on a big new job just sucks. I help our warranty guys out a lot and it can be a beat down from the vendors and subs.

You should also review your purchase contract to see if there are any provisions regarding defects or warranties that may apply to your situation.

I have been keeping a list with expected completed dates. But things are almost never completed when they say they will. For example, the guy that came to fix our shutters. He came on the agreed upon day and replaced them but needed to come back a second day because he did not have the correct paint color. Stuff like this has happened over and over again where people come to work on something and they don't entirely know what they are supposed to be doing.

But here is the what I think is the most up-to-date list I have. I don't know if I am being unreasonable with all this but we paid $425K for the house and it does not look or feel like a $425,000 house.

FULL LIST PENDING ITEMS :
A) ***Leveling of the Backyard*** STILL PENDING [Previously scheduled for 09/22/2023; Hole filled 11/10/2023] [Pending Drainage Issue; See Item II]

B) Hole at left side of the backyard with exposed PVC piping. COMPLETED 11/10/2023
C) The left side of the front yard/side yard is uneven COMPLETED 10/06/2023
D) Section 4 of sprinkler system has a busted/broken head COMPLETED BY MY LANDSCAPING GUY 03/15/2024 [Previously scheduled for 09/22/2023]
E) Broken black water meter box in side yard. COMPLETED 10/06/2023
F) High and slanted cement block for City Water Access COMPLETED 10/13/2023
G) Attic Door in Garage does not recoil to close. COMPLETED 09/15/2023
H) Unpainted wood under the oven. COMPLETED 09/09/2023
I) The shoe molding in kitchen is different color stain and not appropriately cut COMPLETED 10/20/2023

J) Trash can drawer needs to be soft closed. STILL PENDING [No timeline set]

K) Loose kitchen drawer COMPLETED 09/01/2023
L) Missing lower cabinet shelves COMPLETED 10/20/2023
M) Slanted Upper Cabinet Shelves. It appears that two of the metal pieces that go in the holes to hold the shelf up are misshapen. COMPLETED 09/26/2023[Cabinet Guy on 09/09/2023 said he is addressing] [Cabinet guy came 09/26/2023 and fixed the pieces holding up the shelves. Was also able to address protruding screws but Painter will need to come to cover up holes]
N) Poorly painted items in Kitchen, including fake "drawer" under the cooktop, left side of cabinets, under island overhang. COMPLETED 09/09/2023
O) Dishwasher is leaning backwards causing the lower rack to slide back in when open COMPLETED 09/15/2023
P) "Dirtier"/Darker grout on kitchen backsplash COMPLETED 11/10/2023
Q) Chip on the kitchen island countertop (Crack is now present; see Item CC). COMPLETED 11/10/2023
R) The outlets on the wall in the Primary Bedroom for the TV are not centered. COMPLETED 09/15/2023 with Drywall completed 09/22/2023
S) The soft close drawer in the Primary Bath is still missing COMPLETED 09/26/2023
T) The other vanity is not touching the floor. There is a small piece of wood holding it up. COMPLETED 11/10/2023
U) Dark spot on one of the shower tiles At this point, just forget this one
V) A wall by the toilet door is not textured. COMPLETED 09/22/2023
W) The front left bedroom has a "ghost door" at the closet COMPLETED 11/17/2023
X) The Jack-and-Jill bathroom at the front of the house continues to randomly "run." COMPLETED 11/17/2023
Y) The water valve in this bathroom is still not secured appropriately to the wall. COMPLETED 11/17/2023
Z) There are multiple (and I mean lots of) places throughout the home where paint has bled onto other surfaces. The main example is there are many white outlets that have gray paint on them. Baseboards have gray paint on them. Door stops have white paint of them. Light Switch covers have gray paint on them. Shoe molding has green kitchen paint or gray wall paint. COMPLETED 04/04/2024
AA) Missing hot + cold valves for future outdoor kitchen on column COMPLETED 09/09/2023 + 10/10/2023
BB) Backward bending door at Game Room COMPLETED 11/10/2023


NEWER ITEMS :
CC) Full crack on Kitchen Island Countertop STILL PENDING [Put in Warranty Dept on 09/19/2023; Perry was supposed to come out to see it on 09/22/2023 but did not come until the next week. We have been told it is a fissure as it does not go all the way through. There are other noticeable fissures on the slab and this one is different. I have had multiple workers confirm it is a crack and even gotten an estimate from a general contractor confirming the crack and pricing to fix]

DD) Shoe Molding by entrance is coming apart. STILL PENDING [Workers came 02/02/2024 to fix; painters came to caulk 04/02/2024; when hole behind baseboard was covered, the shoe molding came apart again.]

EE) Crack at Bedroom #2 window despite screen STILL PENDING [Discussed with Peter on 12/15/2023 and says will fix as this is due to poor installation]

FF) Hole in ceiling by pendant at kitchen island STILL PENDING [Workers came 02/02/2024 to fix but did not have correct tools/paint]

GG) Chipping paint and wood not painted on kitchen island STILL PENDING [Workers came 02/02/2024 to fix but did not have correct paint despite being told of green color; they did caulk it to seal]

HH) Cracked Curb COMPLETED but left crumbled pieces in road [Caused by Worker Trucks; Peter had discussed they would address this once construction on our street was completed…]

II) Our Backyard continues to pool and collect water [See Item A] STILL PENDING [Discussed with Peter on 12/15/2023 and he said he would have two drains installed taking water to the street. Landscapers came on 02/02/2024 to take measurements and pictures. Now I am being told this will not happen?!?]

JJ) Shutters at front of home are coming apart [See Attached Picture] COMPLETED 04/13/2024

KK) Floor boards separating by Bedroom #3 (Guest Bedroom) COMPLETED 04/12/2024

LL) For Item DD, when the workers came to fix and pulled the baseboard back, there was a HOLE in the sheetrock. Workers mentioned that water may have entered the home and the sheetrock should extend to the ground. It currently does not. COMPLETED 04/12/2024 [PLEASE SEE ITEM DD FOR PENDING ISSUE]

MM) No Irrigation Shut Off Valve found STILL PENDING [Valve installed/found 04/09/2024, notice from City of Conroe about continuous water usage 04/10/2024; Workers scheduled for 04/19/2024]

Do I have any standing to get the work done myself and just forward all the invoices to Perry? I know this won't fly but I am just so exhausted of dealing with all this. Strongly considering just selling the house, taking the capital gains hit, and just moving on. If my wife wasn't so busy studying, I would have convinced her for us to pull the trigger already. Instead of being happy with our new home, we've grown just disillusioned with this whole ordeal.

That list makes me never want to buy a new build house

It's sad because our last home before this one was also a new build from Perry in Katy and we had a pretty good experience. We loved that house and even had fun building it. Job took us to The Woodlands and that drive became brutal. I do not think our next house will be a new build and we will definitely not be buying from Perry again.

Even "good builders" build bad homes. Usually comes down to the specific construction manager who's overseeing the subcontractors. Sounds like you drew the short straw.

Most of the items you listed should be covered under the one year warranty. Go ahead and get that inspection done. Document everything. It may take longer than you want but I bet you can get it all squared away. Contact the corporate office regularly. You'll have to stay on them but eventually it will all get fixed.

IMO an attorney is a very last resort. The key is finding the right person at Perry who will actually help. Many construction managers are young and not too bright. New home salesmen typically say whatever it takes to make the sale, but will be zero help afterward.

I think you need to contact an attorney at this point. The state of Texas has a mandatory new home warranty provision which you can find here.

Sometimes, just a letter from an attorney can get their attention and it shouldn't cost you a ton. Now if they have to file suit, then the costs will go up.

YNWA.2013 said:

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Yes, I was told I have a "bumper to bumper" warranty for two years. But getting Perry to get people out here has been a nightmare. I've had a crack on my daughter's bedroom window since we've moved in that they haven't replaced yet. There's a crack on my kitchen island countertop that they tell me is a "fissure." My backyard doesn't seem to drain properly. A baseboard by the entrance is coming apart. And my favorite one, an irrigation shut off valve was never installed.

The original person in charge of our section is no longer with the company, we've been told. The new guy has been better and he is slowly addressing some of our issues. The irrigation **** off valve was installed two days ago, for example.

But today I got a notice from the city saying we have been running water continuously for 25+ hours. I took a look at the water meter outside and it is registering continuous water usage. I shut the valve into house off and meter continues to read numbers. So I don't think it is in the house. I then shut off the newly installed irrigation shut off valve and that stopped the meter readings. So I think it's our irrigation system. And the only thing we have changed this week with all that is the new shut off valve. We need somebody to urgently come back out and take a look because we have a leak. And the water bill keeps going up.

I'm just tired of dealing with all this and was wondering if anyone here could be of assistance. I heard Todd Chachere, the CEO is an Aggie. So maybe this is a long shot. But if anyone can be of assistance, my email is my in my profile. Again, TIA

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I would get a home inspection before your "bumper to bumper" warranty is up. We had a dr.Horton home and used Kevin with absolute, tons of stuff that we would never have known about. Giant sections of the house with zero insulation etc.

This list is giving me convulsions. We did a custom build near Canyon Lake and are dealing with being ghosted with a long punch list and new items discovered all the time. The warranty company is worthless. Managing this crap was nearly a full time job shortly after we moved in. I simply cannot imagine not following-up with a customer and making a plan to get things done. It sucks the joy out of the process. A process you've worked hard for and saved for.

God speed.

This is becoming (or should I say already has been) an epidemic imo. We have an abundance of cheap labor building homes but The problem is it's not skilled labor. They know how to throw up a bunch of houses in record time and work their tails off but attention to detail is nonexistent and it's sloppy thrown together.

If I were to sell, would the builder's warranty be transferable?

I'm thinking that a potential buyer would have their own inspector, I would then take that to Perry and get a timeline for each item. And then be able to sign off on the whole thing? Is my thinking right here or is that too wishful?

If you sell, I think you'd need to disclose that entire list you provided above or be at risk of getting sued for fraud regardless of if their inspector finds the same issues. Sometimes it's better to not know something when selling a house than to find something out and then try to sell because of disclosure rules.