We purchased a newly built home in Florida that has had a roof leak in the same place. On the Fourth repair. Do I have any recourse due to the fact that they cannot seem to repair it?

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We purchased a newly built home in Florida that has had a roof leak in the same place. On the Fourth repair. Do I have any recourse due to the fact that they cannot seem to repair it?

Leaked before closing at the dormer
Claimed to have fixed it leaked again. Claimed to
have fixed. Leaked again. Claimed to have fixed.
Now leaking again. Coming up on fourth repair and I
have no confidence in this repair as it is the same
roofer. In addition, another part of the roof has
leaked twice and the second time it was found to
have saw holes in four places in the roof. Im
worried about mold and the apparent inability to
repair this roof

Asked on February 3, 2018 under Real Estate Law, Florida

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 3 years ago | Contributor

If you have a warranty that would cover this, if the warranty company will not honor their obligations, you could sue them for breach of contract: a warranty is a contract, and you can enforce its terms in court, by a lawsuit, if necessary.
Alternately, you could sue the builder, if they will not fix the problem finally, for negligent construction and a builder's defect: when their construction is deliberately or negligently (careless) defective, the builder is liable.
So your remedy is to sue one or both. You could also name both in the single lawsuit, which increases the likelihood of recovering money in a lawsuit, since when you sue both, they can't avoid liability by blaming the other as easily--you have both in court, front of the judge.


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