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

UPDATED: Oct 1, 2022

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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?


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


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 5 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.

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