‘We're stuck with this house': Utah family says their $860K new build cracked, flooded and forced them out
Drawn in by the stunning mountain views and the promise of a new life, they purchased a brand-new home for $860,000 from Toll Brothers, a developer that calls itself 'America's luxury home builder.'
But that dream home quickly turned into a nightmare, they told FOX 13. Within 30 days of moving in, the Schmidts say they noticed cracks in the drywall. By the second month, doors were no longer opening or closing properly as the house continued to settle.
Then, while they were away, a pipe above the stove burst, flooding the house and forcing the family into a rental. What they thought would be a three-month displacement turned into an 18-month ordeal.
I'm 49 years old and have nothing saved for retirement — what should I do? Don't panic. Here are 6 of the easiest ways you can catch up (and fast)
Thanks to Jeff Bezos, you can now become a landlord for as little as $100 — and no, you don't have to deal with tenants or fix freezers. Here's how
Want an extra $1,300,000 when you retire? Dave Ramsey says this 7-step plan 'works every single time' to kill debt, get rich in America — and that 'anyone' can do it
Despite the home being under warranty, the Schmidts say the timeline for repairs dragged on without any guaranteed deadlines. During the entire time Toll Brothers was working on the home, the family lived in a series of short-term rentals.
'We're building tunnels under oceans,' Jessica Schmidt told FOX 13. 'How hard is it to make sure this house doesn't slide down a river?'
Neal Schmidt began documenting the delays on social media, even tagging Toll Brothers. Other homeowners in the neighborhood also reported issues, but only one neighbor's home was bought back by the builder. When the Schmidts asked for the same, they say the company flatly refused.
In the end, the couple reached a private settlement with Toll Brothers and removed the social media posts. But the emotional and financial damage remained. 'We're stuck with this house that we know is never going to be worth what it could be,' Jessica said.
The Schmidts' story is far from unique in Utah. In a 2023 case that drew national attention, homes in a Draper, Utah neighborhood slid down a mountainside after being built on unstable ground.
FOX 13 has investigated and found a common thread: Utah's laws offer little protection for homebuyers facing construction defects.
'There's a fair chance that when you buy a home in Utah,' said John Morris, an attorney who has represented Utah homeowners, 'and there are problems with that home, you really will have no avenue for recovery. Zero.'
Read more: No millions? No problem. With as little as $10, here's of diversified assets usually only available to major players
Utah's rapid growth has fueled a boom in new home construction, but legal protections haven't kept pace. Unlike some states, which have licensing boards to investigate poor workmanship, Utah has no agency tasked with enforcing quality standards in new builds. The Division of Professional Licensing only penalizes builders for issues like working without permits, not for construction flaws that emerge after closing.
Most builders offer warranties, but those warranties often favor the builder. They may not guarantee repair timelines and can exclude major problems. They also tend to limit what a homeowner can do legally, sometimes requiring arbitration instead of lawsuits, which can restrict your options for getting meaningful compensation.
And while homeowners technically have six years to sue over safety-related defects, those cases are costly, time-consuming and rarely pay off. Utah doesn't allow most homeowners to recover attorney's fees in these lawsuits. So what can Utah buyers do?
Research the builder: Read reviews and look into past complaints or lawsuits.
Get a serious inspection: Don't rely on a basic $150 inspection or city approval. Hire someone who can assess your home's structural integrity and moisture protection.
Read the contract closely: Know what's covered in the warranty, how long it lasts, and whether it includes binding arbitration clauses that limit your legal rights.
File warranty claims early and in writing: Don't wait — most builders won't act unless you document the issue and make a formal claim.
Document everything: Photos, videos, repair requests, and email chains can all support your case if issues escalate.
Use public pressure: If you get nowhere with the builder, consider online reviews or reaching out to local reporters. One homeowner said that's what finally got the company's attention.
Understand your HOA rules: If your neighborhood has one, you may be financially responsible for repairs to shared infrastructure, even if it was the developer's fault.
Until Utah lawmakers pass stronger protections for buyers, the burden of making sure a home is safe and sound falls largely on the homeowner. And that means doing your homework long before the keys are in your hand.
This tiny hot Costco item has skyrocketed 74% in price in under 2 years — but now the retail giant is restricting purchases. Here's how to buy the coveted asset in bulk
Robert Kiyosaki warns of a 'Greater Depression' coming to the US — with millions of Americans going poor. But he says these 2 'easy-money' assets will bring in 'great wealth'. How to get in now
Rich, young Americans are ditching the stormy stock market — here are the alternative assets they're banking on instead
Here are 5 'must have' items that Americans (almost) always overpay for — and very quickly regret. How many are hurting you?
Money doesn't have to be complicated — sign up for the free Moneywise newsletter for actionable finance tips and news you can use.
This article provides information only and should not be construed as advice. It is provided without warranty of any kind.
Hashtags

Try Our AI Features
Explore what Daily8 AI can do for you:
Comments
No comments yet...
Related Articles
Yahoo
22 minutes ago
- Yahoo
JP Morgan Says Apple's Set To Beat Q3 Estimates
Apple (NASDAQ:AAPL) looks set to beat when it reports Q3 fiscal 2025 on Thursday July 31 despite headwinds from cooling iPhone demand and modest Services growth. J.P. Morgan's Samik Chatterjee says the near?term setup is stronger than imagined given H1 pull?forward benefits, App Store link?outs in the US and the looming DOJ versus Google lawsuit in Services. The bank forecasts revenue of $89.6 billion, with iPhone at $39.9 billion, iPad at $7.7 billion, Mac at $7.4 billion and Services at $26.7 billion, some $600 million above the $88.96 billion consensus and sees EPS of $1.43. The firm keeps an Overweight rating and $250 price target after Apple has beaten revenue and EPS estimates for seven straight quarters. Services growth has remained healthy but lackluster, and the iPhone 17 rollout is failing to excite an install base used to major feature leaps. Apple's installed device base tops 2 B active units, giving it a cushion if upgrade cycles slow. Analysts will also watch for any updates on Siri enhancements and Vision Pro traction as Apple leans into AI amid peers. J.P. Morgan's Overweight thesis hinges on this resilience amid a tougher macro backdrop. Production headwinds have eased versus 90 days ago, hinting at smoother supply chains. Why it matters: A beat on July 31 could give AAPL shares a lift and set the stage for the iPhone 17 launch. Investors will be watching the Q3 result live and tracking early demand signals for Apple's next phone. This article first appeared on GuruFocus. Sign in to access your portfolio
Yahoo
22 minutes ago
- Yahoo
Wedbush Calls AI Microsoft's Shining Moment
Microsoft (NASDAQ:MSFT) executive aren't losing any sleep over Q4, with Wedbush just stuck with its Outperform call and $600 target ahead of the July 30 report. Warning! GuruFocus has detected 7 Warning Sign with MSFT. Daniel Ives and the team reckon the AI revolution is in full swing, with enterprise deals accelerating across finance, government and retail. They see Azure and Office AI features driving Microsoft toward a $4 trillion market capand even $5 trillion in the next 18 months. Over the next three years, more than 70% of its installed base should be running AI tools, and early Copilot rollouts could tack on about $25 billion by FY 26. Wedbush calls this Redmond's shining moment, pointing out stronger cloud wins against Amazon (AMZN) and Google (NASDAQ:GOOG) and smoother supply chains compared to 90 days ago. They're clear that while FY 25 looks solid, FY 26 is when AI really kicks inand they don't think the Street has fully caught on yet. Investors will be watching the July 30 print for proof. This article first appeared on GuruFocus.
Yahoo
22 minutes ago
- Yahoo
Why Solana Is Sinking Today
Key Points Valuations for Solana and other top cryptocurrencies are dipping today following new information in Tesla's quarterly report. Tesla sold 75% of its Bitcoin holdings in the second quarter. Despite some recent pullbacks, the crypto market has been on an impressive run -- and it's got a big test coming up at the end of this month. 10 stocks we like better than Solana › Solana (CRYPTO: SOL) is selling off Friday amid valuation pressures impacting the broader cryptocurrency market. The token was down 2% over the past 24 hours as of 5:20 p.m. ET. Meanwhile, Bitcoin was down 1.3%, and Ethereum was down 0.3%. Top cryptocurrencies are seeing sell-offs today following Tesla's disclosure that it had sold 75% of its Bitcoin holdings in the second quarter. The crypto market has seen a significant recovery since the morning trading hours, but Solana is still in the red. Solana slips as Tesla discloses Bitcoin sale With the Q2 report Tesla issued yesterday, the company showed that it had sold 75% of its Bitcoin holdings in Q2. The news has caused investors to become more cautious about valuations in the crypto market today, and Solana is seeing a moderate valuation pullback in conjunction with the trend. The cryptocurrency market has generally been on an impressive bull run, with Bitcoin's march above $123,000 per token and favorable political developments helping to power strong gains. On the heels of the rally, investors are taking profits, easing off on purchases, and waiting for indicators about where valuations might be heading next. What's next for Solana? Solana has climbed roughly 20% over the last three months, but it's still down 4% across this year's trading. The token now has a market capitalization of roughly $99 billion, and it ranks as the sixth-largest cryptocurrency by valuation. The Federal Reserve's Federal Open Market Committee (FOMC) will meet on July 28 and July 29 and make a determination about whether to cut interest rates. Expectations that the FOMC will cut rates multiple times before the year is over have likely already factored in to gains for Solana and other cryptocurrencies over the last several months, but the upcoming Fed meeting still looks like the next big catalyst for the crypto market. Should you invest $1,000 in Solana right now? Before you buy stock in Solana, consider this: The Motley Fool Stock Advisor analyst team just identified what they believe are the for investors to buy now… and Solana wasn't one of them. The 10 stocks that made the cut could produce monster returns in the coming years. Consider when Netflix made this list on December 17, 2004... if you invested $1,000 at the time of our recommendation, you'd have $636,774!* Or when Nvidia made this list on April 15, 2005... if you invested $1,000 at the time of our recommendation, you'd have $1,064,942!* Now, it's worth noting Stock Advisor's total average return is 1,040% — a market-crushing outperformance compared to 182% for the S&P 500. Don't miss out on the latest top 10 list, available when you join Stock Advisor. See the 10 stocks » *Stock Advisor returns as of July 21, 2025 Keith Noonan has no position in any of the stocks mentioned. The Motley Fool has positions in and recommends Bitcoin, Ethereum, and Solana. The Motley Fool has a disclosure policy. Why Solana Is Sinking Today was originally published by The Motley Fool