What to do if we recently discovered that several windows in our home have significant water infiltration?

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What to do if we recently discovered that several windows in our home have significant water infiltration?

Bought our home 8 years ago from a custom home builder. Apparently there has been an undetected water leak in or around several windows. We believe the cause to be improper window installation, faulty stucco application, or defective windows. We did not discover these leaks as they are intermittent and in areas that we do not use on a regular basis. Our fear is that we may now have a serious mold problem not to mention the costs of repairs. We must disclose the leaks when selling the home which also may require us to reduce the selling price. Do we have any chance of recovering some of the costs?

Asked on June 12, 2012 under Real Estate Law, Colorado

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

It is likely too late for you to take action against the builder. In Colorado, a claim must be brought within two years of either discovering the defect or when the defect *should* have been discovered, had the homeowners been relatively diligent, but in no case more than 6 years after construction, *unless* the defect was discovered in the 5th or 6th year, in which case the homeowner gets 2 years from discovery. You indicate that the home was built 8 years ago; if that is the case, it is too late to sue or take legal action.


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