If our new home developed buckled flooring almost immediately, do we have any legal recourse?

We recently purchased our first home and within the first few weeks the laminate flooring in the dining and living rooms began to buckle from water damage. The cause was ground water from recent rains combined with inadequate drainage in the back yard. We were aware of the drainage issues from the inspection and the first thing we did was have surface drains and french drains installed but the rains that caused it occurred during the closing. The contractor who installed the flooring originally said he would repair it for free even though it wasn’t his fault but now he has changed his tune.

Asked on July 14, 2012 under Real Estate Law, Texas

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

If the home that you purchased seems to be a brand new construction from what you have written. As such, the developer, general contractor and the sub-contractor who installed the flooring that now has problems are required under the law for construction defects to make the needed repairs at their costs.

I suggest that you consult with an attorney who does work in the area of construction defects to assist you in the matter you have written about.


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.