If our home is only4 years old and alreadyhas structural damage, canwe take legal action against the builder?
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If our home is only4 years old and alreadyhas structural damage, canwe take legal action against the builder?
We purchased our home in one of those cookie cutter neighborhoods. The home came with a 1 year warranty. Toward the end of that year we had cracks all over the house. The builder paid to repair and have the support joints put in. We are now selling our home and during the inspection it was noted additional structural damage and settling of the home. Clearly, we are going to have to sell well below market value, but what responsibility falls back on the builder? What, if any legal action can we take against them?
Asked on July 26, 2011 Arkansas
Answers:
FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney
Answered 12 years ago | Contributor
In most states in this country, the contractor of new construction has liability for new construction well more than a one year warranty. In California, the statute of limitations for defective construction for a work of improvement is 10 years from issuance of the certificate of occupancy.
You need to retain a licensed contractor to inspect the home, write up a report and come up with an estimate for repair. It seems that the actual developer and contractor would be on the hook for a construction defect as to your home. Depending upon what your retained contractor states in his report, you shouldmake a demand to the developer and the general contractor for repairs to the home regardless of the one year warranty.
You should consult with a construction litigation lawyer about the problem with the home. If you are selling it, you need to disclose in writing the known problems you have observed to all potential buyers.
Good luck.
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