Can I sue the manufacturer of my home?

My roof is falling apart after almost 8 years. The marriage wall is
damaged. Lights are falling out of ceiling.

Asked on July 22, 2017 under Real Estate Law, Delaware


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 3 years ago | Contributor

Unfortunately, under Delaware Code Section 8127, you cannot bring a legal action for a "construction defect"--basically, for flaws or problems in the design or contraction of your home--more than 6 years after the work is done. In addition, the most common causes of action for such problems--breach of contract, for not doing what you paid them to do; negligence, for being careless in construction--have to be brought (i.e. you have to start them), respectively, 3 or 2 years after you discovered, or reasonably should have discovered, the problems. So after 8 years, it is most likely too late for you to take any action or assert any claims.

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