What to do if I have a foundation problem with my home and the builder does not want to help me fix it.

My house is almost 10 years old and I have some pretty decent cracks in it. I have had 2 companies out and they have both that I need to have piers installed because the house is dropping from front to back. The cost of these piers s around $9,000. In the home warranty, it says that there must be “major structural damage” to the home before it would be covered by them. A man from the builder told me that this means that the house must be unsafe for occupancy. Seems like $9,000 is major enough but can’t get any help from the builder. I’m not sure if I have a case to get them to fix this.

Asked on October 17, 2011 under Real Estate Law, Missouri

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

It seems that you recetly purchased a home that is ten (10) years old or so that has foundation issues and you purchased a home warrant regarding the purchase. In order for you to ascertain whether or not the foundation issues with the home are covered under the home warrantly, you need to carefully read the document in that its terms and conditions control the obligations owed you you by the warranty company and vice versa absent conflicting state law.

From what you have written, there may be an interpretation issue regarding the home warranty and your entitlement to the repairs. Given this, you should consult with an attorney experienced in construction and contract law.

The issue in your matter is how is "major structural damage" defined?

If the home's condition falls within the definition, then you should be entitled to the repairs under the warranty.

Good luck.

 


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