If my mother bought a new house 8 years ago and the foundation is cracking, is home builder responsible?

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If my mother bought a new house 8 years ago and the foundation is cracking, is home builder responsible?

Asked on August 18, 2010 under Real Estate Law, Texas

Answers:

M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

The Texas Residential Construction Commission has adopted a set of limited warranties and building and performance standards. They include:

  • a 1-year workmanship and materials warranty;
  • a 2-year mechanical and delivery system warranty;
  • a 10-year structural warranty; and
  • a 10-year warranty of habitability.

The performance standards provides standards that every home built or remodeled in the state must meet.  Here is a link for further information: 
http://www.trcc.state.tx.us/consumers/state_min_warranties.asp

If you feel that your situation is covered you should contact the state or a real estate attorney in your area. 


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