‘It’s not safe’: This Houston couple says their brand-new home in a gated community has become a mold-ridden uninhabitable nightmare — now they’re left in an ‘unfathomable’ position

Mold takes a physical and financial toll

"We worked hard, raised our kids and this is our time, and I've gotten sick," Angela said. "It's just a nightmare."

The couple said they initially tried to work with the builder on a solution.

Pelican Builders’ lawyer Ben Westcott said that the company offered to repair the Taylors' home at no cost in 2022. He said the Taylors' decision not to take the offer led to further degradation of the property.

But Freeman and his clients note that the builders’ offer did address underlying structural issues that caused the mold growth in the first place.

Mold grows when houses aren’t properly sealed. Warm air fills the inside of the walls, forced down from the attic. Cooler air from the other side of the wall makes condensation form, causing mold to grow rapidly.

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What you can do if your new home has serious structural issues

If you, like the Taylors, find structural problems in a new-build home, there are several avenues you can pursue to get help.

First, review your contract and the builder’s warranty. This type of warranty is standard for new homes, and is also enforced when any extensive remodels to your existing home take place. It covers permanent parts of your home, including concrete floors, plumbing, electrical work and the like.

You may also have a home warranty, which covers replacements or repairs. This can include appliances or air conditioning systems, and servicing for these items.

If your warranty covers the repairs you need, you should have no trouble enforcing the terms of your agreement with your builder.

If the issues are not part of the warranty, but are so significant that the property is uninhabitable, your builder should also make a good faith agreement to repair the damage and underlying issues with the home.

If your builder refuses to cooperate, you can file a complaint with your state’s contractors licensing board. The specific rules and regulations vary by state, but each board can pursue disciplinary action against a contractor who fails to uphold a reasonable standard for their work.

Finally, you can consider hiring a lawyer. Look for a representative who has handled similar cases in the past, and can help you understand the laws in place in your state to protect homeowners.