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?

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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 11 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.


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