Do I have a claim against my home builder?

UPDATED: Oct 1, 2022

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Do I have a claim against my home builder?

We recently discovered 6 months after moving into
our newly constructed home that the builder failed to
install smoke detectors on the main floor of the
home. How did this pass inspection? Do we have a

Asked on January 16, 2019 under Real Estate Law, Ohio


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 3 years ago | Contributor

You do not have a viable claim. Smoke detectors are very inexpensive items which can be picked up a Home Depot or the equivalent and quickly "installed" by the homeowner. While the builder should have put in the detectors, and the home should not have received a certificate of occupancy without them, in a lawsuit, you can only sue for the loss or costs you incur. Given how inexpensive smoke detectors are, you'd spend more time and money on the lawsuit than it is worth.

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 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.

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