Nightmare home purchase frustrates family
Shannon LeClair
Times Reporter
When Michelle and Chris Strauss decided to move their family into Strathmore they were looking to buy a new, never lived in home. The hope was there would be no concerns about repairs or any headaches that can sometimes come from purchasing an older home.
They found a manufactured home that would work perfectly with their needs and budget. A house that originally sat on the plot of land they purchased had been destroyed in a fire. A new house was being built to the original owner of the property’s specifications, but before he moved in, the original owner put the house up for sale.
The Strauss family bought the home in October 2011. Shortly after moving in, they discovered electrical, structural, plumbing and heating problems, most located in an addition that was part of the new construction.
“The structural integrity was in question, and they actually had to weld metal supports (for the pylons underneath)” said Michelle Strauss.
After they signed for the mortgage, the Strauss family discovered they didn’t have electricity in most of the kitchen. In other areas of the kitchen, pot lights would explode, leaving glass on the counters, causing a dangerous situation for the couple and their two children.
In addition, the home’s furnace wouldn’t stop running, so they had an electrician come in. The electrician started repairs but never came back to finish the work.
After having a look at the house, their lawyer also said the roof would need to be lifted, reinsulated and restructured.
“For the first winter in the house the addition between the main house was at least 10 degrees colder,” said Chris.
He went to take a look at things and said instead of using hard ductwork, corrugated ductwork was used and it was on the ground for about 12 feet. It conducts airflow and in the winter it would be pushing cold air.
“The month after we moved in, we had gone to the lawyer and the only thing he said was that the roof needed to be repaired, nothing else was said about anything else,” said Michelle. “So he said ‘well do you want to go ahead with the fixing of the roof.’ and it’s like well if it’s just the roof, yes, of course.”
“So we never backed out at that time because we just thought okay it’s just that one thing,” added Chris.
Only a few weeks after moving into the house, the Strauss family discovered the house’s structure, electricity, plumbing and gas hadn’t passed inspection. The house builder, from Airdrie, came back and did a few minor repairs, but by that point the Strausses didn’t trust him and weren’t sure he was fixing the problems.
“We thought we would get this house and it would be new (with no problems). Our real estate agent said ‘you don’t have to worry about an inspection because it’s a brand new building, you have a warranty on it.’” said Chris.
“At one point in time I was under the house, and between the addition and the house I could see inside the house,” said Chris.
The Strauss family lawyer suggested the couple hold back $50,000 from the sale of the home. Unfortunately, they have been unable to secure any of those funds to be able to begin the repairs. The family fired their first lawyer, and after not having much luck with their second one, they are now working with a third.
“I have mentioned more than once to both (previous) lawyers that we can’t live in this house, my daughters are freezing. Literally my daughter was freezing, she could not be in the addition, in her bedroom, it was that cold,” said Chris.
Michelle is equally frustrated.
“Walking into it, a brand new home with a warranty you would think (it’s fine). We didn’t sign up for this,” she said.
The couple said that the real estate agent told them they should have no worries whatsoever because it is a brand new house, with a warranty on it, which sounded good to them.
It was only after they bought it that they found out the warranty doesn’t cover any of the problems they have been having with the addition.
“If we knew the issues right up front we would have never signed, plain and simple,” said Chris.
The Strauss family wonder why the Town of Strathmore would allow a home not deemed fit for occupancy be sold.
According to Linda Nelson, Strathmore’s deputy chief administrative officer, it is up to people to do their due diligence when they are buying a home.
“We don’t know when somebody is purchasing a home, we don’t get involved in that,” she said.
Since Apr. 7, 2011 the Town of Strathmore has had a file on the home, listing all of the work and deficiencies that the builder had been working on spanning over 18 months. The last note in the file was Oct. 1, 2012, outlining that permit fees had not been paid.
On Aug. 29, 2011 the first report from the town about the roof was made. Inspections were done, and it was noted that no occupancy would be granted until the final inspection was complete.
“We always tell people when you’re purchasing a new home it is really smart to come to the town office and check permits and make sure permits have been pulled for everything, that there are no deficiencies et cetera,” said Nelson. “We have no way of knowing when people are purchasing or if they have done their due diligence. The only time we get a copy of title is when subdivision has occurred, then we get a copy of the plan being registered but that’s it. Or sometimes if somebody applies for a real property report, we might ask for a copy of title.
“The town was doing everything that we’re supposed to do; we’re inspecting and we’re noting deficiencies.”
Nelson encourages people to speak to the municipality before purchasing a home.
“Come in and ask if permits were taken out for things like decks, garages, basement development. Make sure there are no deficiencies, (but) if there are deficiencies, make sure they have been verified and are confirmed corrected,” said Nelson.
Michelle Strauss and her two daughters left the home early this summer. None of the conditions have been fixed to date due to a hold back of funds. Chris is still in the home. The family has recently hired a new lawyer and they are currently still fighting for the $50,000 and to see the repairs done.
“Honestly we don’t really care about the money as long as the house is safe and repaired and done,” said Michelle.