Do I have any legal recourse? Do I not have the right to expect my new house be waterproof?

About 2 1/2 years ago I bought a brand new house with a USDA loan. Then 4 months ago I came home from a trip and i=when I stepped into my closet I discover the carpet was wet. When I moved my chest I realized the wall had mold growing up it. My master bedroom and closet is in the basement and it seems water is seeping in from the outside causing mold and mildew. I have repeatedly contacted through email, phone, and text the lady who was my go between with the builder over the last few months but so far nothing except promises that they don’t follow through with. They sent someone out once about 3 months ago and he put a sealer between the board behind the baseboard but the cement floor and water leaked right back in.

Asked on July 6, 2012 under Real Estate Law, Alabama


FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

Under the laws of all states in this country, the developer and builder of new construction impliedly warrants that the construction is in good condition free of defects. The town home that you purchased has a significant water intrusion problem that should be remediated by the developer and contractor immediately.

Since the developer and contractor are ignoring your request to have the problem remediated, you should consult with an attorney that practices in the area of construction defect litigation.

Your recourse is to demand that the problems get remedied and if not, you are well within the statute of limitations in your state to file a lawsuit against the developer and contractor who built your new unit.

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