I'd be tempted to walk as who knows where else he cut corners.

Ask more questions. Is there really any plumbing within that wall. What's on the opposite side of the wall? Why can the not take wall down and fix it? Who is the builder, what's their reputation? You can probably do a search online for comments on the builder.

We had a warped wall like that. The builder also thought it was caused by a pipe, but it was actually incorrectly installed insulation, a much easier fix. Is there someone else you can talk to aside from the builder? Someone in the sales office perhaps? I found that going to the sales office often got me a better response. I absolutely would not accept it.

How obvious is it when you are looking at it straight on, not from the side? If you can see it from that angle, it is not something I could accept.

If you had to, I think you would win in small claims court.

There is no way that I would accept it. I would be worried about what else could be hiding. Maybe it is insulation like someone else mentioned. Is this a 2 story home? And, if so, were the walls built with 2x4 or 2x6 boards? I know that we had to make some adjustments to a couple of walls to allow for piping to the upstairs. We are using 2x4s for most of the home but in 2 sections that are not going to be noticeable, we went with 2x6s to allow enough space for the pipes to run correctly. Surely the builder knew to make allowances for the plumbing. I would be highly concerned if they did not catch the mistake at the beginning and corrected it, OR that they are covering even more mistakes along the way.

My Mrs would not allow me to get away with cr@p like that. I do not see why it can not be fixed or made better. Remove the baseboard, cut the drywall, that should give you at least 1/2" of play.

I think he is pulling a fast one on you. The only way I would consider a partial solution would be:

- if it this pipe is in the slab

- if it is a tension slab with steel cables in it.

Not acceptable.

Pretty sure the builder wants the sale more than the $3000 deposit and a potential headache in small claims court.. You have more leverage than you think.

Thanks for all your feedback so far!

Here are a few amplifying details to some questions posed:

1) One thing I should have mentioned is that the builder has a clause in the contract to try to settle any disputes by arbitrator first before going to court. So I cannot immediately file a lawsuit or bring it to small claims court. Also, according to the contract, I cannot refuse to close because of walkthrough that items have not *yet* been completed.

2) The other side of the wall is the garage, right near where the water heater sits. So it very likely could be a pipe. This is a two-story house and the master bathroom sits above the kitchen, increasing the possibility that it could be a pipe. The house is on a slab.

3) The warping/crookedness is obvious from the front and side angles.

4) The builder has a pretty good reputation. The google/facebook reviews are about 80-90% positive. Our buyer's agent also knew the builder and vouched for their reputation in the area.

5) I don't understand why they can't finagle the drywall and baseboard to mask the bend around the pipe (if it is indeed a pipe). I also don't see how they ignored it when hanging dry wall and plastering. The builder at first refused to even try to fix it. After I asked three times he said "I'll try, but I'm not making any promises." My perception is that he clearly thinks I will just accept it since we are ten days from closing. I am supposed to check his repairs three days before closing (a week from today), but I am thinking about just giving them the ultimatum now to either fix it or I walk, so I do not waste yet another week of house hunting (I am military that moved for a change of station and living in an airbnb right now).

I wouldnt accept it. Careless workmanship that they covered over. I would also worry about what else they have hidden.

As far as #1 you should also not have to close with no guarantee that something will be fixed. The easy solution to that one is to have a certain amount of money held back in escrow (neutral third party), only to be released once the repairs have been made. If moving/fixing a pipe and fixing the wall will cost something like $5K, then that amount would get held back and the builder would not get it until the repairs are signed off by all parties. A safe option for both parties.

I would mention this to the builder and if he freaks out, then you know you should RUN away from the deal!

If you think about it, that is some pretty skilled craftsmen that has fit the baseboard to follow the deformation in the wall, and the same can be said about the dry-wallers. I have seen gaps between a baseboard and a straight wall that can swallow a penny.

chispa, from what I have seen, many of the larger builders use their own title companies owned under a different LLC so that the closing company is not really an independent neutral third party at all. It may be entirely different in the OP's area, but he needs to check it out before proposing it as a possible solution to the builder. OP, check your contract and disclosures before you call the title co to find out if they are related in anyway to the builder. They have to disclose it to you in writing.

Funny you mention that Denita; actually, the builder insisted that I agree in the contract that the title attorney would be a certain title attorney. My buyer's agent phrased that as "He wants to use this title attorney, it's no big deal, it's just because he feels comfortable with that attorney and worked with him before." I just accepted it at the time, not thinking who the title company was would really matter. Now it is starting to seem a little sketchy.

it's very common in new construction with larger builders and their fees are usually much higher. all those fees are passed to the buyer too.

Do you have your own Real estate or Closing Attorney? Someone should be representing your interests in the transaction and the Buyer's agent isn't a lawyer.

' misplaced pipe causing the wall to bow to accommodate the pipe '

You 'shouldn't' lose a penny. It sounds like it 'shouldn't' have passed inspection from what you said. Talk to the local city/'state inspectors and the managers over them and find out why this passed inspection. If it 'shouldn't' have passed inspection, the GC would have to pay your Attorneys fees.

This use to be an issue in some cases with a 4" PVC couplings on sewer lines and 2x4 framing... Since sewer lines in residential construction were reduced to a 3" pipe this issue was eliminated.

In some cases, the coupling ends up being seated in the bottom or in the top plate, and the metal plates being installed over the plate to protect the pipe in those locations (code requirement), you will end up with a slight bump-out...Assuming that is the case here and if it is, not much you can do here.

The only other thing to try and solve this (that would be up to the builder)... See what's on the other side, take the molding off on the back wall, cut the sheetrock along with the plate and see if the pipe can be pushed back a bit and if it can be, push it back, and molding will cover it without doing any touchups.

If there is no pipe there, it could be a misaligned stud not aligned with the plate... again take the molding off, cut sheetrock, place a scrap piece of wood against the stud and few gentle taps with a sledgehammer it will push the stud back, if not, cut the nails along the plate, push back the stud and re-nail, put the molding back.

On the general note, this is fairly quick and easy fixes if there is room to wiggle, and if not...it is what it is, and this would not be considered a defect according to warranty and if the arbitrator is involved, unless he determines that something is not right, in that case, he will make the builder make it right.

in the contract to try to settle any disputes by arbitrator first before going to court

Every single builder has that clause. In some jurisdictions, that clause will hold up but in others if the work is inferior, and in this case it is, it won't hold up. However you need to know what you can and can't do.

I cannot refuse to close because of walkthrough that items have not *yet* been completed.

Except this has been completed but is not acceptable.

I will repeat. You need to spend a few hundred dollars on a construction lawyer to know what you can do right now.

Do you have your own Real estate or Closing Attorney? Someone should be representing your interests in the transaction and the Buyer's agent isn't a lawyer.

At this point he needs a construction lawyer.

One should never sign a contract for the purchase of a house without having a lawyer first look over the contract. I'm always amazed how people trust others to have their best interests on such a large purchase.

Well...have you asked the builder what it would cost to open the wall, find the cause of the bowing and fix it?

I would say to the salesperson/builder that I want $3000. Reduction if they wont make the defect right. That or find something else. Or give in, sue later.

This is an easy fix that should not cost more than 200-300 dollars. It can be fixed with a build of a top to bottom small unit for keys or coat hanger. The baseboard can be replaced and wrap properly on an angle around the new unit masking that ugly curve on the wall. It is one day job with not more than 100 dollars worth of materials. Less of a headache than everything above, unless you are worried about other issues in the home as well.

-Alez

MAV312, you can't build anything there. Did you notice the doorstop? There is a door that needs to swing open in that spot.

If you think about it, that is some pretty skilled craftsmen that has fit the baseboard to follow the deformation in the wall...

In the old days. Now, more than likely the baseboard is that floppy MDF stuff.

That is true

I've seen this before, while doing finish work. Most likely a sewer pipe for the upper floor. Since its it's a new build, it was a goof by the plumbers. I, personally, would demand it fixed.

"Talk to the local city/'state inspectors and the managers over them and find out why this passed inspection."

It probably meets code; it's just ugly. Inspectors are law enforcers, not esthetic police.

I'd fur the wall out flat and re-drywall. Poof. Gone. Probably for half the three large.

The issue was there before you made the offer, correct? You just didn't notice it? This would not be considered a deficiency in a home inspection report. It's unattractive, but functional. So the builder is not obligated to do anything. I would get some quotes on the cost to repair it yourself after the purchase of the home. You may or may not be able to negotiate a cost reduction to cover your costs. If the cost is less than the loss of your earnest money, you should consider taking care of it yourself after you close.

Yes. I did not notice it until the home inspection (after I made the offer and signed the bound contract). The home inspector actually noticed it first during the home inspection a week later. The home inspector also did not consider it a deficiency, but let me know about it, and suggested to point it out during the builder walkthrough as it is more of a "cosmetic defect."

The builder walkthrough is supposed to address all repairs, adjustments and alterations that "do not rise to the level of a defect." The language and requirements for the builder walkthrough in the contract are very vague and ambiguous. There is no guidance on how to proceed if the builder refuses to fix a cosmetic defect addressed during the builder walkthrough. That is probably because rarely does a situation like this arise (i.e., most of the the time it is paint touchups and screw holes etc., stuff that is easy enough for the builder to fix that they rather just make the customer happy). However, the contract does state that if the builder has still not addressed the issues identified during the builder walkthrough, it is not a legitimate reason to delay closing.

Obviously, knowing what I know now, I would have inspected every inch of the house before signing the bound contract so that I could have required this wall to be fixed as an explicit stipulation of the purchase. I walked the house twice and never noticed it. Also, my buyer's agent told me that "a new construction house will be perfect, they will go through and fix any little touch up you require and will come out to fix any defects within the first 90 days and at 1-year." So I got into a complacent mode where I thought that I really didn't have to worry about anything, especially since I was having a home inspection on top of that. I am a first-time homebuyer and I realize that I was very naive and inexperienced. I really did a lot of research on home buying, but perhaps some things can only be learned the hard way. The buyer's agent said she had never encountered this in her 15 years experience-- where the builder refuses to fix a punch list item and the buyer walks away.

It may be due to a waste line or it could be due to framing that warped or twisted after construction.

I would see how the defect compares with the published quality standard Residential Construction Performance Guidelines for Professional Builders and Remodelers published by the National Association of Home Builders. The NAHB standard allows for a bow to be no greater than 1/2" in a 32" horizontal measurement or 1/2" in an 8' vertical measurement.

Think of it as if you owned the home and 10 years later want to sell it. What would the buyer say about this? It may put a ding on resale. IMHO

Had to LOL at "a new house construction will be perfect..."

Just for that, I would ask for money back from RE agent to fix the defect. No house is perfect and certainly not a tract house. Any claim of that is either very unsophisticated or unscrupulous. Given what RE's claim to be - it is unacceptable and doesn't deserve any fee.

Look at it this way - the RE should have caught it. You relied on their expertise to protect you on the signing of the contract. Your relied on their review of the builder. Did they tell you that you will have limited leverage to have builder fix something like this? Did they tell you that they have a specific closing attorney to protect the builder for things like this? You have leverage since if you walk, they get nothing and you can go to a new buyer's agent. I would guess, the RE is splitting $5k with their boss (going with 2.5% on $200k).

^David Cary is right. No Realtor with any new home experience at all would make that claim that a 'new house construction will be perfect'. That is a ridiculous statement on it's face.

As to protections in the contract, the Realtor is limited and can't practice law without a licence to do so. She should have recommended you seek legal counsel. She should have given you appropriate warnings about new construction: it's not perfect, appropriate inspections, title information and financing info (if this is a builder that has their own lender partner) etc.

This is your first home so the entire process is new to you. I would re-read Joseph Corlett's last post and Charles Ross Homes last post and act accordingly if you are planning to close on this home.

Or, if you can't or won't go through the repair process with this builder, make the decision to walk away but understand that there are NO perfect homes. There are well made homes and homes that have been maintained properly, but even those homes may have a defect somewhere that the seller missed - we are human. Having said that, once you own the home, be prepared to begin the maintenance process during your ownership so you don't end up with missed items and systems that don't work during your ownership. Bottom line: don't look for perfection. Get it fixed when you find it.

Am I missing something here? This is an obvious flaw, cosmetic or not, an ethical builder who will do right by his client will not let this fly, it just doesn't makes sense. Doesn't matter whose fault it is, plumber, framer..the builder is responsible for the build. Talk to a real estate attorney, that's your best bet, don't take it as it is. It's like me buying a brand new car with a big dent, just doesn't fly.

OP.....did it past inspection? Or shouldn't have?

"This is an obvious flaw, cosmetic or not, an ethical builder who will do right by his client will not let this fly,"

"OP.....did it past inspection? Or shouldn't have?"

The pipe is more then likely offset a bit. Of course it would pass inspection, it is purely cosmetic. The builder will not fix this. If he were he would have done it long before you came along. The decision is all yours as what you see is what you will either buy or walk away from.

This is what your situation is, just to give you an idea. If PVC pipe is off for whatever reason and when plate to protect the pipe is installed you will have a slight bump-out. Sometimes this can be avoided and sometimes it cannot, sometimes it can be fixed and sometimes it cannot.

Here is a better example so you can see it a bit better.

That said, you usually pinpoint this issue ahead of time, and there are many ways this can be avoided.

Like others already mentioned, the wall can be fir out, in some cases depends on the protrusion amount drywall can be doubled down, and the first layer will be cut around it, etc.

To avoid these things all together, you get a plumber and HVAC contractor there and go over everything and make sure they mark everything out so they stay out of each other's way this way they mark out where larger drain pipes/ductwork will go so the carpenter can tweak the framing and get everything ready before they get there. Experienced guys do this all the time...Vs. "builders" who sit in the office and have no clue what's going on or simply don't care.

Can the wall be furred out, since the door is so close to the corner? Looks like there was barely any space for the door's trim... So if the wall is brought out to smooth the doorstop bump, then the door's trim is negatively affected, right? :-(

*Update* The builder ended up fixing this. The culprit was a pvc pipe coupling that was probably over too far. They also used a double coupling for some reason; the builder provided no explanation for why they used a double coupling, and this did not seem directly responsible for the baseboard. I'm guessing it may have been to make up for misalignment of the pipe in the slab.

The warped/bent baseboard was actually due to the original installation of the baseboard. Whoever nailed it originally tried to nail it right where the plate covering the PVC coupling was, causing the nails to bend and push the baseboard out. So all in all, this was an easy fix, they just nailed the new baseboard in different locations to avoid nailing into the plate covering the coupling.

I'm glad everything worked out as I said before in most cases this can be easily fixed.

Good luck

Glad to hear it was an easy fix. Congrats on your first home!