A young couple who bought a new house in Mamaroneck for $1.4 million claim they were sold a defective dwelling.
Zachary and Brooke Ball are demanding $150,000 from JW Wood Construction Corp. to fix the problems, according to a complaint filed Nov. 18 in Westchester Supreme Court.
The Balls agreed last year to buy a property on Munro Avenue from Katarzyna Wroblewski, of Carmel, and Marek Modzelewski, of Ridgewood, Queens, for $1.4 million.
The sellers agreed to build the house, and they employed Jaroslaw Wroblewski, who lives in Carmel with Katarzyna, and his JW Wood Construction Corp., also based there.
The Balls made a $140,100 down payment.
The house was finished this past June. The couple examined the house immediately before closing on the deal on June 18, and according to the complaint they found no defects.
The Balls mortgaged the property to Wells Fargo Bank for $1,050,750 and paid the sellers the $1,260,900 balance.
But within three months, several drainage defects allegedly cropped up.
A driveway drain and pipes were the wrong size, for instance; a yard drain, inspection port and sump chamber were missing; and the driveway was too steep.
The basement flooded, the complaint states, causing damage to baseboards, doors, drywall and gym equipment.
Defects “are continuing to appear, are becoming more severe and will continue to cause home deterioration,” the couple claims, “unless repairs are made.”
The Balls say they asked the sellers and contractor to inspect the home and make repairs, but they have remained silent.
The couple hired other contractors to make emergency repairs, according to the complaint, that they expect will cost more than $150,000.
The Balls charged the sellers and contractor with negligence, breach of contract and breach of implied warranty.
Efforts to contact the defendants for their side of the story failed.
The Balls are represented by White Plains attorney Stewart A. McMillan.
