Since 2005, I am still battling my builders and their insurance company. To refresh your memory, there was a number of builders defects on my house. Mainly, no moisture barrier on part of the south side, second and first floor of my home. And again other defects such as no insulation in the attic and more.
It is located approximately 1500 feet from the Gulf of Mexico in Crystal Beach, Destin. This defect, of course, was not discovered until the 2005 hurricane season after two years of horrid storms and nothing drying anywhere. Mold, mold everywhere.
I have worked with my builder and his insurance company to no avail for a year, then as they continued to delay and delay. After I complained to the Okaloosa / Walton builders associatio, I received an e-mail from one of the partners of he building company that I was a back stabbing... and they were never going to step foot on my property again.
At this time, I was forced mitigate my damages as best as I could, and tried to repair the house, financing the entire venture to the tune of several hundreds of thousands of dollars.
I filed a lawsuit over a year ago, which delay after delay has been a common problem.
The court system does not work here. The game is not to do the right thing, but to see who can make the other person go broke first.
In 8 days, I basically lose my home. Not because of non payment, the payments are current, but because now my insurance has non-renewed my policy and there is no one who is wiling insure a damaged non- repaired house. The bank is not wiling to continue to carry a mortgage on a property that is not worth the collaterial and not insured on top of it.
I have spent thousands of dollars trying to repair my home. Nothing seems to work, too many defects, code violations, etc. The mold continues to return for one reason or another, relating to the building defects of the house.
On top of it all, I am allergic to mold and I have now life long debilitating illnesses like diabetes, neuropathy and many more from living in the house as long as I did. This has limited my ability to work long hours and limited my ability to get out of bed each morning welcoming a new day. Sometimes, I don't even want to wake up and feel the constant agony each day. Even my pet was ill. At this time, I can no longer afford to seek expert medical care. It is very expensive to travel to receive care.
I am not independently wealthy and could not pick up and move out of my house and cannot afford to be doing it now. However, also, I cannot afford the financial burden of paying two mortgages, utilities, etc on a house that no one lives in and rent, utilities on a rental house to be healthy in.
Finally at the first part of December I abandoned the house and everything in it, including everything I had assembled as a symbol of my lifelong accomplishments. It is very hard to leave your life behind, very emotional. After 4 months, I am facing financial ruin. It is heartbreaking to me and would be to you if this happened to you.
This has become a very hard time for me because I have worked very hard, and been honest, and upstanding in the community regarding my business and as a resident. I can't believe this is happening to me, or to anyone. And I would not wish this on my worse enemy.
If only my builder would have stepped up to the plate and fixed the problem he caused, this would not have been a problem. Life would have gone on, not depression and an unsure futurel The lifelong problems I am facing possibly would not have been an issue.
But, the builder, who is still building houses, has changed his tune and is denying everything. He has insurance that pays for legal expenses. HOW can you deny a house built against code, especially one with NO MOISTURE BARRIER. I had walls which crumbled in my hands, construted of OSB or a similar material with NO MOISTURE BARRIER. Just vinyl siding nailed right on these walls.
Had they only come up to the plate, admitted the mistake and done what it takes to fix the problem.
Why are people like that anymore. What happened to integrity? What happened to honesty. What happened for caring for others? How can some people sleep at night.
Walking through the grocery story or any store for that matter would be helful.
Thank you for taking your time to listen to this story, but remember. The same thing could happen to you and you may be facing the same uncertain future I am.
I will welcome any comments and answer any questions posted here.
Replies
155Beach FanaticAuthor
The comments about the general contractor blaming a sub are also completely invalid. I've had multiple homes built....the role of the general is to make sure the subs do their job correctly!
YOU BET THAT IS CORRECT.
Now this is going to make a few people angry, and I sincerely do NOT want to do that, however, my best advise is don't buy anything that is already built and if you chose to build, be here during the entire process so you can watch. (But PLEASE PURCHASE YOUR PROPERTY FROM ONE OF OUR MANY SOWAL REALTORS!)
Someone mentioned a building inspector, which is always a great idea, however, unless they look in the right place, there may be areas that badly need attention. My problem could have been missed by an inspector.
hmmmm......can't remember
YOU BET THAT IS CORRECT.
Now this is going to make a few people angry, and I sincerely do NOT want to do that, however, my best advise is don't buy anything that is already built and if you chose to build, be here during the entire process so you can watch. (But PLEASE PURCHASE YOUR PROPERTY FROM ONE OF OUR MANY SOWAL REALTORS!)
Someone mentioned a building inspector, which is always a great idea, however, unless they look in the right place, there may be areas that badly need attention. My problem could have been missed by an inspector.
Sorry to be devil's advocate, but let's play that out: I build my house, supervising every detail. 10 years later, we decide to move away--job, family, whatever. But nobody's going to buy my house, since it's already built?
What happened to you is sad, but it doesn't mean that every builder or building inspector is corrupt or incompetent.
I had a friend who was in a similar experience--toxic mold in a condo, under the floors and in the walls. They fought it in court for a long time and finally lost. It was in his wife's name, and she had to declare bankruptcy over it--they simply lost all the money they put in the home. Just like the people in New Orleans who lost everything.
At some point you have to accept that what happened was wrong, you were treated badly, and you have a lingering illness. It's bad, and we're all sorry. But I pray that you will look it in the face and decide to move on. I hope that you are compensated at some point, but if you are not, please devote the energy you are now using to dwell on this to healing and moving forward.
All the best to you.
Beach FanaticAuthor
Sorry to be devil's advocate, but let's play that out: I build my house, supervising every detail. 10 years later, we decide to move away--job, family, whatever. But nobody's going to buy my house, since it's already built?
I agree with you. For myself, I will never purchase a house here unless I can watch it being built because what is happening to me. Like I have said before, one bad apple can spoil the whole bunch. And in my eyes, this one has done that. All builders should be pissed off at this.
What happened to you is sad, but it doesn't mean that every builder or building inspector is corrupt or incompetent.
I never said that. Please re-read my statement. I didn't say ANY inspector was either or corrupt or incompetent. - This was my statement -
"Someone mentioned a building inspector, which is always a great idea, however, unless they look in the right place, there may be areas that badly need attention. My problem could have been missed by an inspector."
As for your friend, I cannot comment. I do not know if it was a builders defect or anything else about their circumstances.
As for the people in New Orleans, I really don't think there is any comparison with this situation and the one over there except I don't have a city, government or anyone else to assist me in the expenses, or to purchase my remaining property. Many or most of them have had that luxury. I have friends who were plucked off their roof in New Orleans East and am pretty knowledgeable about the situation over there. In fact, he lost everything and has come out a lot better than I have!
you were treated badlyAND CONTINUE TO BE TREATED BADLY BY THE WAY THE BUILDER IS HANDLING THE SITUATION.
It's hard to "move on" when you are continuing to be drained of everything you have by a builder who will not stop the bleeding by trying to end the situation.
Had you read the entire thread, you would see that is exactly what I want to do, move on, but the builder continues to allow this to continue by the unethical and unprofessional way they continue to let this go on.
Edited
hmmmm......can't remember
Read it. Best of luck to you.
Beach FanaticAuthor
It has come to my attention that the builder of my home is telling people and has told a number of people that I turned down an offer either from them or their insurance company.
For the record, that is a complete lie. Neither me, nor my attorney have ever received any type of settlement offer from either the builder or his insurance company, nor have we turned any such settlement down. NO offer has ever been made.
We offered them a settlement offer in the fall, however, they never responded at all. They didn't even have the courtesy to turn it down. They just ignored the offer we gave them.
It seems the builder is a bit out of touch or confused.
My only response to this damning bit of incorrect information to the builder is produce the documentation. You can't because there is none. There is no offer and there never has been.
And the builder is simply lying. possibly in an attempt to make me look like the unreasonable one?
I am not unreasonable in what I am asking for. I wanted him to simply fix the defect and have a safe home to live. Had he done that..... broken record.
For the record, that is a complete lie. Neither me, nor my attorney have ever received any type of settlement offer from either the builder or his insurance company, nor have we turned any such settlement down. NO offer has ever been made.
We offered them a settlement offer in the fall, however, they never responded at all. They didn't even have the courtesy to turn it down. They just ignored the offer we gave them.
It seems the builder is a bit out of touch or confused.
My only response to this damning bit of incorrect information to the builder is produce the documentation. You can't because there is none. There is no offer and there never has been.
And the builder is simply lying. possibly in an attempt to make me look like the unreasonable one?
I am not unreasonable in what I am asking for. I wanted him to simply fix the defect and have a safe home to live. Had he done that..... broken record.
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