Real Estate

Took possession this morning - broken kitchen island counter

  • Last Updated:
  • Mar 20th, 2017 10:56 am
Member
Jul 3, 2007
487 posts
540 upvotes
that sucks..hope they fix it asap for you......let us know how it goes with the builder or tarion.....
Malkavian wrote:
Mar 10th, 2017 4:25 pm
Hey guys!

So I took pessession of my new house this morning. I went straight to the house right after and first thing I notice, a 20 cm crack in the kitchen island counter.

Everything else is fine but I'm pretty annoyed by this.

http://i20.photobucket.com/albums/b224/ ... 1489094465
http://i20.photobucket.com/albums/b224/ ... 1489094467

I assume this cannot be repaired.

Would you contact the builder to have the entire kitchen island counter replaced? The house is brand new btw and we bought the house from the builder.

Will it fall under the new home warranty or do I have to rely on the builder's good faith?
Jr. Member
Aug 26, 2014
127 posts
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Markham, ON
Malkavian wrote:
Mar 11th, 2017 9:45 am
No it's an actual company. They're fairly big and have a good reputation.
So are you trying to protect the innocent? the home builder is fairly big and have a good reputation??? they cheated you on the PDI/Tarion paper sign off and they left you with a defect counter top. Sound like a crappy contractor work rather than a reputable home builder.

Anyway, good luck on getting it all straighten out. Contact them first, then go to Tarion if you have to.

Edit: I just read your other post asking if you should have the home inspection done on the model home you purchased within 15 days. You chose not to have it done. Well, cost savings on the inspection can now go to the counter top repairs I guess.
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May 12, 2004
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Malkavian wrote:
Mar 11th, 2017 9:45 am
No it's an actual company. They're fairly big and have a good reputation.
I am a registered Tarion builder and you are either full of shit or not in Ontario if they made you sign a document and not do a PDI. Tarion would issue a notice of proposal and revoke their registration in a heartbeat. Penalties are very stiff on "the other side" of the warranty.
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Nov 7, 2013
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the 604
in BC, there's a clause in the Purchase/Sale Agreement that reads:

"The Property and all included items will be in substantially the same condition at the Possession Date as when viewed by the Buyer on ___________________________"

wouldn't something like this give you leverage?
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Dec 5, 2009
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AMRadio wrote:
Mar 12th, 2017 12:50 am
in BC, there's a clause in the Purchase/Sale Agreement that reads:

"The Property and all included items will be in substantially the same condition at the Possession Date as when viewed by the Buyer on ___________________________"

wouldn't something like this give you leverage?
He already signed off on the PDI, without inspecting the home, unfortunately.
[OP]
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Apr 26, 2010
190 posts
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Cas77 wrote:
Mar 11th, 2017 10:54 pm
I am a registered Tarion builder and you are either full of shit or not in Ontario if they made you sign a document and not do a PDI. Tarion would issue a notice of proposal and revoke their registration in a heartbeat. Penalties are very stiff on "the other side" of the warranty.
I'm in Quebec but we have something very similar to Tarion called Garantie GCR and there's also the mandatory pre-delivery inspection here.
I will contact them tomorrow morning and explain the situation to them and see what they suggest I do.
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Malkavian wrote:
Mar 12th, 2017 4:20 pm
I'm in Quebec but we have something very similar to Tarion called Garantie GCR and there's also the mandatory pre-delivery inspection here.
I will contact them tomorrow morning and explain the situation to them and see what they suggest I do.
Ok makes sense now. That warranty is only a few years old (2015 IIRC) and might be experiencing growing pains until the builders are all up to speed.

I don't know how it is managed there, but in Ontario the penalties to builders are pretty stiff.
Censorship is telling a man he can't have a steak just because a baby can't chew it.
- Mark Twain
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Dec 13, 2011
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you already took the house and signed off on it. ? Maybe you cracked it yourself will be the claim

who is the builder!????????????
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[OP]
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Apr 26, 2010
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stt55pot wrote:
Mar 12th, 2017 6:00 pm
you already took the house and signed off on it. ? Maybe you cracked it yourself will be the claim

who is the builder!????????????
We haven't moved in the house yet. We took possession on Friday and I called / sent an e-mail with pictures to the buyer about 2 hours later. I'm no expert but I don't think they would try that.

I will wait to see how they handle all of this before mentioning the company and hurting their reputation.
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Dec 13, 2011
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i see. it is the bolts that they used to lock the sink in place. it is over torqued. installation issue
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[OP]
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Apr 26, 2010
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I just contacted the builder's agent to ask about the pre-delivery inspection and since the house was actually a model home (finished in october 2016), it's not the same as if I had the house built for myself. It's pretty much bought as-is and there are no pre-delivery inspection.

Is this right? If so, I assume I am responsible for paying for the island counter?
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Mar 23, 2008
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Malkavian wrote:
Mar 13th, 2017 10:20 am
I just contacted the builder's agent to ask about the pre-delivery inspection and since the house was actually a model home (finished in october 2016), it's not the same as if I had the house built for myself. It's pretty much bought as-is and there are no pre-delivery inspection.

Is this right? If so, I assume I am responsible for paying for the island counter?
I would be talking to my real estate lawyer to find out from them how to proceed. The previous owner should be giving you the keys to a house in the same condition as you saw it in.

C
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Dec 5, 2009
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Malkavian wrote:
Mar 13th, 2017 10:20 am
I just contacted the builder's agent to ask about the pre-delivery inspection and since the house was actually a model home (finished in october 2016), it's not the same as if I had the house built for myself. It's pretty much bought as-is and there are no pre-delivery inspection.

Is this right? If so, I assume I am responsible for paying for the island counter?
What did they say about the broken counter when you told them about it?
[OP]
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Apr 26, 2010
190 posts
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CNeufeld wrote:
Mar 13th, 2017 11:01 am
I would be talking to my real estate lawyer to find out from them how to proceed. The previous owner should be giving you the keys to a house in the same condition as you saw it in.

C
There's no previous owner - we're buying directly from the builder (unless you consider them as the previous owner).
Last edited by Malkavian on Mar 13th, 2017 12:00 pm, edited 1 time in total.
[OP]
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Apr 26, 2010
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fdl wrote:
Mar 13th, 2017 11:05 am
What did they say about the broken counter when you told them about it?
The builder's agent basicly said I would be responsible for it because it's a model house and it's bought as-is.

I called Garantie GCR (Quebec equivalent of Tarion) and they assured me a PDI was mandatory even for a model house if I'm the first owner.

They told me to write and e-mail to the builder with Garantie GCR in CC asking to schedule an inspection.

So I will be sending this e-mail later today.

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