If my home is 7 years old and there is a leak in the roof due to an error made by the builder, are legally responsible for repairing it?

Get Legal Help Today

 Secured with SHA-256 Encryption

If my home is 7 years old and there is a leak in the roof due to an error made by the builder, are legally responsible for repairing it?

If so, who do I contact to encourage them to abide by the law? I am not the original owner.

Asked on April 3, 2012 under Real Estate Law, South Carolina

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

Unfortunately, it is almost certianly too late to bring any action, even if you had been the original owner. The relevant statutes of limitation, or time within which you must bring a lawsuit, in South Carolina are all three years (e.g. breach of contract; damage to property)--after seven years from date of construction, it would be too late to bring an action against the builder. Furthermore, since you were  not the original owner who bought from the builder, even if you were within the statute of limitations, it is not clear that you could bring an action against the builder--the builder does not  owe a contractual duty to you,  for  example. Therefore, from what you write, it appears that most likely cannot take action against the builder.


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 with SHA-256 Encryption