We purchased a newly built home in Florida that has had a roof leak in the same place. On the Fourth repair. Do I have any recourse due to the fact that they cannot seem to repair it?

Get Legal Help Today

Compare Quotes From Top Companies and Save

secured lock Secured with SHA-256 Encryption

We purchased a newly built home in Florida that has had a roof leak in the same place. On the Fourth repair. Do I have any recourse due to the fact that they cannot seem to repair it?

Leaked before closing at the dormer
Claimed to have fixed it leaked again. Claimed to
have fixed. Leaked again. Claimed to have fixed.
Now leaking again. Coming up on fourth repair and I
have no confidence in this repair as it is the same
roofer. In addition, another part of the roof has
leaked twice and the second time it was found to
have saw holes in four places in the roof. Im
worried about mold and the apparent inability to
repair this roof

Asked on February 3, 2018 under Real Estate Law, Florida

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 6 years ago | Contributor

If you have a warranty that would cover this, if the warranty company will not honor their obligations, you could sue them for breach of contract: a warranty is a contract, and you can enforce its terms in court, by a lawsuit, if necessary.
Alternately, you could sue the builder, if they will not fix the problem finally, for negligent construction and a builder's defect: when their construction is deliberately or negligently (careless) defective, the builder is liable.
So your remedy is to sue one or both. You could also name both in the single lawsuit, which increases the likelihood of recovering money in a lawsuit, since when you sue both, they can't avoid liability by blaming the other as easily--you have both in court, front of the judge.


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.

Get Legal Help Today

Find the right lawyer for your legal issue.

secured lock Secured with SHA-256 Encryption