If the builder has “tried” to fix a leaky roof under the warranty and has failed, is he still responsible after the warranty is up?

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If the builder has “tried” to fix a leaky roof under the warranty and has failed, is he still responsible after the warranty is up?

We bought a townhouse about 3 years ago and there was a 3 year warranty. For the past 2 years I have requested the builder fix the leaky roof. He has sent people who put caulk around but that did not fix the problem. The last roofer came out and said that the roof was laid improperly and caulking would not solve the problem. Now the 3 year warranty is up (2 weeks ago) and the builder says that he will not fix the problem. All 6 of the townhomes in our complex have had problems with leaking. What can I do? Should I get the neighbors to collectively sue?

Asked on June 2, 2011 under Real Estate Law, Texas

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

You can sue individually, or as a group.

When something is warrantied for a period of time, that means that the problem must be reported and the warranty claimed within that period of time. If the time period runs out or is exceeded while the person or business granting the warranty is trying to fix matters (or worse, stalling), that does not get rid of the claim or cause of action; again, the key point is when you tried to claim under the warranty, not when the business got around to doing something constructive about it.

Note that you do need to worry about the statute of limitations, or time to sue, running out. If you think you might sue, don't delay--talk to an attorney right away. Good luck.


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