PHOENIX — "We didn't think that a brand-new home would have anywhere near this many issues," Jon Engel said, echoing a sentiment he first shared with us one year ago.
Jon and his wife Jocelyn first invited us into their home in January 2023. They were having issues with their new home built by Lennar.
"We've had multiple defective floors, we've had framing issues," said Jon as he listed his concerns.
The Engels filed a complaint with the Arizona Registrar of Contractors. The ROC issued an initial finding stating certain issues - framing, floors, and countertops - were out of compliance. Lennar was given a few months to make the repairs.
After those initial repairs were made, the ROC reinspected the home and found some repaired items still did not meet compliance standards. Lennar was given another directive to fix any remaining repairs.
According to the ROC, 18 complaints were made against Lennar's general residential building license in 2023. The same license received 12 complaints the year before.
We previously reported on complaints against new home builders in Arizona. We found Lennar had the third most complaints against their general residential contractor licenses in 2022 when comparing the top five largest new home builders in Arizona.
A majority of complaints made against Lennar's license in 2023 were for poor workmanship, however, 16 of the 18 complaints were either fixed by Lennar or closed by the ROC.
As for the Engels, more than one year after filing their initial complaint, the ROC finds most issues have been resolved to within standards. However, after multiple installations, the master bathroom countertop remains out of compliance with gapping.
Lennar filed a petition with the ROC to dismiss the citation regarding the countertop, arguing it is within compliance. The petition states in part: "At no time did Lennar not operate in a professional manner."
'Professional' might not be a word the Engels would use. The family tells us that when reviewing one of their outdoor cameras they saw video of a worker relieving himself in their backyard when a porta-potty was available in the front.
We asked Lennar about that incident specifically, and for insight into the timeline of the home repairs after nearly a year.
Lennar responded by email, writing: "We are unable to comment as this is pending litigation."
Litigation is now involved because the ROC denied Lennar's request to dismiss a citation. A hearing in front of an administrative law judge is now set for early March.
Whether it's building a new home, or adding cabinets, you can check a contractor's license for complaints and validity on the ROC's website.
Before you buy a new home, make sure to protect yourself:
- Look deep to find potential problems: A new construction home has fresh paint and shiny veneer, so issues may be tough to spot at first.
- Remember the guinea pig factor: No one has ever lived in the home before. While that's likely appealing to be the first, it also means the water, plumbing, air conditioning, and heat have never truly been tested.
- Builders are incentivized to rush: Time is money and many builders work to erect and sell a house as quickly as possible.
- Never waive the final inspection: New home construction requires inspections throughout the building process. Typically, the builder is in charge of this but for peace of mind you can hire a third party to ensure nothing is overlooked.
In 2022, the Arizona Supreme Court ruled buyers of new homes are entitled to sue builders for hidden defects for up to eight years, even if the buyers signed contracts waiving that right.
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