First, I don't think the "gutters" have anything to do with it!
I think you need to find out where these spots are coming from.
Are they leaking down from the sill plate (between the foundation and the house), or are they just spots that have formed on the wall, (nothing but cement all around them)?
Water could be getting behind the brick and running down the wall and into the cellar. You would see the water from the top of the cement running down.
I think I would look through my paperwork to see what kind of warrantee you may or may not have.
Reguardless, I would contact the builder and ask them to fix it. Also call your local Inspection Department and ask them to take a look at it.
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