Dream home turns into nightmare for San Antonio couple

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by Gary Cooper / KENS 5

khou.com

Posted on October 23, 2010 at 2:08 PM

SAN ANTONIO – Our homes, for the most part, are by far the biggest investment we will ever make. Builders give warranties with most new homes. But what would you do if you thought your builder wasn’t standing behind that guarantee? One couple called Barry Davis and Eyewitness Wants to Know.

Marc and Kathleen Weiss purchased a lot in Helotes and built their dream home on it. They took almost three years to decide on a builder.

“We contacted several of [Peter Marshall’s] clients and they gave him rave reviews,” Marc Weiss said.

The Weisses settled on Broadway 5 Custom Homes. Almost $500,000 later, they have a show place, complete with an outdoor kitchen on a balcony. There is just one problem that returns when it rains. “[It] it continually leaks, every time it rains and it’s been a nightmare,” said Marc Weiss. The Weisses say they called Marshall, who agreed to come out and fix the problem.

But then the rain came this year, and so did all of Marshall’s excuses. Meanwhile, the leak kept getting worse.

“In September, when we had the big rains, the garage ceiling bowed and it was collapsing," Marc Weiss added. So was their confidence in Peter Marshall. The Weisses say he wouldn’t even return their calls, but their attorney did come through.

“In March, my attorney wrote Peter Marshall a letter, which today he has not responded to,” Marc Weiss said. His next call was to Barry.

Barry tried to find Broadway 5 Homes at both addresses on the web, but the company wasn’t at either address. So Barry went to Marshall’s home. He was not there. Barry left a card with his number, but Marshall did not call back.

“It is something I feel the builder should step up to the plate and get it done correctly," Marc Weiss said. His next move will be in court, he added.

If you want to try to protect yourself when building a home, first choose a builder who is bonded. Then draft a specific language to create deadlines and penalties for not meeting them and agree to create an escrow account to cover any possible problems.

Not every case ends with a rainbow but if you are dealing with a storm, call Barry at 210-377-8647 or send an e-mail to ewtk@kens5.com. He’ll try to help you find that proverbial pot of gold.

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