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Sherwood Couple Claims Home is Sinking

After trying to work with the contractor to fix the problems, the Bearden's say they have no choice but to walk away from their dream house that's become a nightmare.
SHERWOOD- A Sherwood couple built a new home and within months of moving in they discovered cracks in the walls, floor boards separating, and a foundation that's sinking.

After trying to work with the contractor to fix the problems, the Bearden's say they have no choice but to walk away from their dream house that's become a nightmare.

Monica and David Bearden say they've gotten other contractors opinions and it would cost $20,000 to $50,000 to put a band-aide on the problem. The Bearden's say they've been advised to just walk away and file for bankruptcy.

The cabinets are pulling away from the walls in the kitchen, the tile is coming away from the bathtub in the bathroom, and the walls have lifted off the floor. The Bearden's dining room floor bows down in the middle, and the island in the kitchen is sinking with the floor. "Everyday I notice new things like the grout on the bottom is pulling away from the tile."

The Bearden's say studs bulge out of the wall. Their home is under warranty, but they say the builder isn't honoring it. They moved in just after Thanksgiving and weeks later started noticing problems. "After all the professionals have been out here and other builders and home inspectors they all say the same thing, that it's going to get worse, and it has." 

The Bearden's foundation is sinking and the roof is caving in. They say every single room in the house has issues, and home inspectors tell them it's not safe to continue living there. "He basically told is to pack our bags and get out."

They say it's all because of a water problem on the property. They've been told the issues with the house can be fixed temporarily, but not permanently. Neighbors have similar issues, but not as bad. The Bearden's say their home is in a flood plain. "Your first large investment you don't expect to run into this. I had ideas and dreams of living here for years."

With no recourse, they say they''ll have to let the house go into foreclosure. "We have no where to go from here."

The Bearden's want to warn others to research builders before making any decisions about building a home.

A representative for the contractor says he offered to fix the problem, but the Bearden's refused, insisting he purchase the home back from them, which the contractor will not do.

A lawyer for the contractor says he can't discuss the details because of possible litigation, but that problem appears to be a defect in the land and not in the construction.
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