What to do if I bought a house for which the developer did not obtain the proper permits or follow eviornmental guidelines?

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What to do if I bought a house for which the developer did not obtain the proper permits or follow eviornmental guidelines?

I bought a house 3 years ago. I’m trying to sell it now and ran into a problem; I have apparently been living in an arsenic and lead community. The underwriters won’t sign off for the purchase of this home for that reason. I have been doing some research with the state Department of Environmental Protection and apparently this builder neglected to report certain findings on the developement; he built houses without completely following guidelines or permits. I would like to know if I have a case for lemon law?.

Asked on September 7, 2012 under Real Estate Law, Florida

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

States' lemon laws only apply to automobiles. If you purchased your home directly from the developer and there are problems with it as you have descibed, I suggest that you consult with an attorney that practices in the area of construction law. You will need to consult with a licensed contractor as well to look into the problems with your home in addition to a toxicologist to take samples for lead and arsenic.

From what you have written, it appears that you may have a basis for a construction defect action against the seller and developer of the home.


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