What can I do if my custom home builder will not return calls/emails and I have 1 year warranty work?

Get Legal Help Today

 Secured with SHA-256 Encryption

What can I do if my custom home builder will not return calls/emails and I have 1 year warranty work?

My wife and I had a custom home built about 1 /2 years ago. Several months later, I contacted the builder with a list of warranty work for my 1 year warranty. I have contacted them numerous times per month with no feedback. They did sent out a tile guy to look at one of my issues but he never returned for repairs. I held up my end of the contract by paying what the contract said for the home now the builder is not holding up the warranty part of the contract. What are my options legally?

Thanks

Asked on March 1, 2018 under Real Estate Law, Texas

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 3 years ago | Contributor

You sue the builder for "breach of contract"--a warranty is a contract, so if you did your part (e.g. paid any amounts required to have the warranty), then they have to honor their obligations under the terms of the warranty. If they won't, you sue them: in the lawsuit, you'll have to prove the terms of the warranty (done by a copy of the warranty), that you met your obligations (e.g. paid what you should have), and then estalish the conditions they should have taken care of, but did not.


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

Get Legal Help Today

Find the right lawyer for your legal issue.

 Secured with SHA-256 Encryption