If I bought a new house just over year ago and some bricks are defacing and sections of the brick wall are unstable, do I contact the builder first?

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If I bought a new house just over year ago and some bricks are defacing and sections of the brick wall are unstable, do I contact the builder first?

Asked on May 11, 2012 under Real Estate Law, Michigan

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

If the home was negligently constructed (inferior or inappropriate materials or workmanship), you may have a legal claim or cause of action. If you do, you *could* go directly to filing a lawsuit. However, it is rarely a bad idea to first reach out to the other party and try to come to an amiable solution. If you are going to do that, though, do it quickly--there is a time limit (called the "statute of limitations") on how long you have to sue, and you do not want excessive amounts of time to pass. If the builder does not appear amenable to rectifying the situation, you should speak with an attorney with experience in construction defects; if the builder  is amenable, make sure that you reduce any agreement to writing--if you're not comfortable doing that yourself, a lawyer can help you.


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