Legal Question in Real Estate Law in California

Re: Defective Materials

I take it you are buying a house in a development and the builder and architect are not working for you directly.

It is a fact of modern life that lumber is increasingly expensive and as supplies shrink the average quality is dropping along with the dimensions of a "two-by-four" which is now about 3-1/2 by 1-5/8. Studs being used today are green and full of defects such as warp and uneven edges.

You only saw one defect, and in the overall scope of things, probably relatively minor. There is still sufficient redundancy in the framing of a house -- even around a doorway -- so that one defective stud or sill PROBABLY does not significantly impair the structural integrity of the house or constitute a breach of warranty or give rise to an action against the builder or seller.

Having said that, if you are concerned about overall shoddy workmanship and inferior materials, you should begin by asking the sellers for assurances that the materials being purchased and used on the job are (in the case of lumber)construction grade or better. You could ask for access to the builder's architect (if any) or quality-control person. You could ask to seel copies of interim inspections by the city building inspector. You might want to retain a consultant (there are people who make a business of inspecting completed homes for buyers, and some of them would be qualified to observe and comment on under-construction properties as well).

Also, keep in mind that you have remedies against the builder and seller after-the-fact for major defects. Check your purchase contract to see if there are any specific warranties--but your rights are not limited thereby.

If all else fails, find a construction-defect lawyer in your county to see if you have a case.