I have recently purchased a townhome in Lakewood Colorado. This is a apartment converted to townhome community. The units have been updated and renovated and are actually quite nice. We closed on Tuesday May 23 and I began moving in Memorial Day weekend. During the move in process I started noticing some punchlist items that needed to be taken care of. The big one was the fact that we have no hot water in the upstairs bathtub. I have 2 small children and only 1 bathtub. The other bathroom has a shower only. The hot water works fine in the rest of the house. On May 23 I verbally notified the management office of this probelm and was assured it would be addressed in a timely fashion because my unit also has a 30 day warrenty. As of now it still has not been repaired and they have informed me that hopefully they will get it fixed on Wensday June 7th. I am quite annoyed by this.

Here is my second issue. On June 2 the phone company hooked up my service. When I checked on June 2 I had no dial tone. Qwest sent a repair technician today, June 3 for a cost of $85.00 to tell me that it was not the phone company line but rather the unit wiring. One of the sales pitches was one working phone line and 1 working cable line.

My question is am I entitled to any compesation or damages based on this situtation because it was never disclosed that there is not phone line or hot water in the upstairs bathtub. If they fix the phone line as quick as they have addressed the water issue, I may never have a working phone. I have written a email today to (the builder contractor) today stating these probelms just to document my issues. We have moved all the furniture in to the unit but have yet to live there because of the pending issues.

Should I contact a lawyer? If so, any recommendations on one in Colorado. Any advice would be appreciated. I have been paying for HOA and my Mortagage on a home which in my view is now what I paid for since May 23rd. Is any of that cost recoverable.

Yes get yourself a lawyer - if you were unable to occupy the premises because of it's condition you should be compensated.

Katherine J.
www.mygogal.info

Does it matter if my contract states that the property is being purchased AS and Where Is. I tried to read the contract, but I am no laywer.

Generally provisions like "as is" mean that there are no warranties as to fitness. Very difficult to help you not seeing the contract.

Sometime courts will ignore "as is" provisions. Example: If you buy a home to live in, the Seller knowing that it is your intent to live in the home, and the home is not fit to live in, then the essence of the contract has not been fulfilled not withstanding that the home was purchased "as is".

Katherine J.
@ www.mygogal.info

I suggest getting an attorney to write a letter to the builder seeking reimbursement for the items advertised that you have had to deal with. I also suggest that when you get phone service that you get the inside wire maintenance service and maybe let the phone company pick up the slack on the phone items. Otherwise, you may need to get the advertisement and contract and take the builder to small claims court seeking damages for those things you paid for that were promised to you- probably would need receipts or estimates for the court to work with.