ArcaMax

Dear Monty: We just bought a new house. Just before the sale, a heavy rainstorm ruined the yard with deep gouges and washed away the new grass and topsoil. We will need to redo the yard with new topsoil and grass. Should it be the builder's responsibility to bring the yard back?

Monty's Answer: When purchasing a new construction home, buyers rightfully expect everything to be pristine -- including the landscaping. However, when severe weather damages your newly installed yard before closing, understanding who bears responsibility for repairs is crucial.

The relationship between a builder and a buyer differs significantly from traditional home sales. Builders have professional obligations and typically provide warranties beyond standard real estate contracts. They're responsible for delivering a complete product that meets building codes and agreed-upon specifications. Proper grading and established landscaping aren't just aesthetic concerns -- they're essential to your new home's completion. The yard's grade affects drainage and foundation protection, while established grass prevents erosion and complies with local regulations.

When a storm damages these elements before closing, the builder should typically bear responsibility for restoration. Most new construction contracts include provisions about the final condition of the property, including exterior improvements. These contracts often specify that the builder must deliver the home and property in "substantially completed" condition according to plans and specifications. Storm damage that compromises the yard's grade or destroys new sod would likely prevent the property from meeting this requirement.

Builder warranties, which typically take effect at closing, usually cover issues related to improper grading and drainage. However, this situation occurred before closing when the builder still owns and bears responsibility for the property. The builder's general liability insurance should cover weather-related damage during construction, including landscape damage. From a practical standpoint, reputable builders generally want to maintain their reputation and relationship with buyers. Most will address such issues without significant pushback, recognizing that delivering a properly finished product is part of their professional obligation.

To address this situation:

No. 1: Document everything thoroughly with photos and video. Pay special attention to areas where erosion has changed the grade or created potential drainage issues. This documentation helps establish the extent of damage and necessary repairs.

No. 2: Communicate your concerns to the builder immediately and in writing. Refer to specific sections of your purchase agreement regarding the property's condition at delivery and any provisions about exterior improvements.

No. 3: The repairs should be completed very quickly, since if another storm were to occur, losing more topsoil and new sod may complicate the process. Consider having an independent landscaping professional review the damage and proposed repair costs to ensure they'll effectively prevent future issues.

If the builder resists addressing the damage, you can seek a legal opinion, and weigh the cost of repairs against potential legal fees.

Consider additional drainage solutions such as French drains or swales to protect against future storms. While these might be extra costs, they're worthwhile long-term investments in safeguarding your property. As a new construction buyer, you're purchasing more than just a house -- you're paying for a complete, properly finished product. The builder's responsibility includes delivering a yard that's correctly graded, properly sodded and ready for your enjoyment. Weather-related damage before closing shouldn't compromise this expectation or transfer the repair burden to you as the buyer.

Richard Montgomery is a nationally syndicated columnist, published author, retired real estate executive, serial entrepreneur, and the founder of DearMonty.com. He provides consumers with free options to pressing real estate issues. Find him on Twitter(X) @dearmonty or DearMonty.com.

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