KCBD INVESTIGATES: How to protect yourself when buying or building a home

A dispute over a construction punch list could lead to a lawsuit between a home builder and new homeowners.

The Sukin family relocated to the South Plains from California and said they fell in love with a home under construction in Wolfforth.

The Sukins said they worked with the builder to add custom touches, but now they are at odds.

"We put money down earlier, which we now learned we should not have so we couldn't back out when we saw the red flags," said Leslie Sukin.

For Leslie and Alan Sukin, home sweet home has not been so sweet.

"I guess my biggest frustration is that there is no recourse. We paid them, we signed paperwork, they are done now. There is nobody that we can find that can make these people come back to fix this issue," Leslie said.

The Sukins said the new construction home in Preston Manor was about a month from being finished when they found it.

"The builder said we are going to do everything you want to do, and if things aren't done, we will take care of them. We are going to do this professionally, it's a custom home," said Alan Sukin.

The Sukins said it is a custom home with a punch list of items yet to be fixed.

A punch list consists of work that needs to be completed.

For example, that work could include things that were not installed correctly or were damaged during construction.

"One of the legs on the entertainment center is defective," said Alan.

"They glued on a quarter inch to every shelf to make them fit," said Leslie.

Leslie said the microwave was originally going to go near the sink, but it did not fit, so they reconfigured it near the double ovens.

"I have to get a step ladder to reach my microwave, but I can literally sit on the floor to open my oven," Leslie said.

The Sukins took their concerns to the Better Business Bureau of the South Plains.

"We are neutral, unbiased. So what we do, we take the complaint it, send it on to the business, give them time to look over the complaint and respond to it," said Greg Linder, President/CEO of the BBB of the South Plains.

We are told the Sukin's builder, Gonzalez custom homes, never responded, which ultimately hurt their grade with the BBB.

You can see their grade and learn more about the Sukin's complaint by clicking here.

Linder said disputes over punch list items are common.

"Don't always assume that you can get the punch list stuff done during the warranty period. Sometimes that is what the builders try to do to get you to go ahead and close on the house so they can get their money," Linder said.

We found a custom home builder who has an A+ with the BBB.

Robert Wood agreed to take a look at the video of the Sukin's home.

"All of these homes are built with human hands; they are not run through a factory like a car or a tv. They are put together with craftsman and most of those people try to do the best job they can," Wood said.

Wood said it is the general contractor or the builder's responsibility to make sure they hire the right people. And if they don't?

"They have to stand behind that themselves," Wood said.

Wood has advice for future homeowners who are trying to decide on a builder.

"Whether you are building a $150,000 home or a million dollar house, it's the largest single purchase you will ever make for yourself, and you need to find a builder who cares about that," Wood said.

Wood said when you find a builder you like, make sure you do your homework.

"Go into some of the homes they have built. Ask for a list of 10 to 12 people they have worked with before. Don't just ask the guy for 2 because he is going to give you the best ones," Wood said.

He said to make sure you make those calls immediately so the builder does not have time to set the tone.

"Talk to their bankers, talk to their suppliers, make sure they are taking care of their bills and their business," Wood said.

Wood said there needs to be a contract.

The Texas Association of Builders offers one for less than $400.

To learn more about that organization the contracts they offer, click here.

"Any kind of construction project that you are doing, the builder should have that contract. If they don't have that contract, you should be asking for one because it covers both sides of the gamut," wood said.

Linder suggests having the contract tied to the completion of the punch list.

"Maybe the last 1 to 2 percent of the cost of the house is tied to finishing that list, that way there is a financial incentive for the contractor to get that done," Linder said.

Wood said having his name tied to the job is enough, "All we have is our name and so if we don't have a good reputation then we are done," Wood said.

The Sukins said they were surprised to learn that unlike in California, only specialty contractors have to be licensed in Texas.

Homebuilders and general contractors do not, but that has not always been the case.

In 2013, the Texas legislature created the Residential Construction Commission to oversee certain aspects of the homebuilding industry.

The agency's original charge included registering individual homebuilders, remodelers, and residential construction companies, as well as new home construction and remodeling projects.

However, the agency was abolished not long after it started.

"I just don't want them to do this to anyone else. I don't think it's fair. There has got to be something that helps the buyer because we are just asking them to fix issues that anywhere else, it's mandatory. They usually have a bond, the builder has to be licensed, and here you don't," Leslie said.

We asked Gonzalez Custom Homes about the Sukin's complaints.

Their attorney, Michael Zant, sent us this statement: "Gonzalez Custom Homes and its owners deny any and all allegations asserted or claimed by Alan and Leslie Sukin regarding any wrongdoings, violations of the StrucSure Home Warranty and/or any failure to comply with the same. The Sukins have acted in an attitude of hostility and engaged in litigious behavior towards my clients and their contractors and sub-contractors, as well as others with whom the Sukins have been in contract related to the house located at 1411 Churchill Avenue, Wolfforth, Texas 79382, since early 2015. Nevertheless, any and all obligations of the homebuilder, including obligations of contractors and sub-contractors, have and will continue to be performed as proper. My clients have and will continue to abide by the obligations set forth in the StrucSure Home Warranty, including the upcoming and pending alternative dispute resolution process engaged pursuant to said Warranty."

We are told the warranty company has now issued an alternate dispute resolution to both parties.