What is maximum period of builder’s warranty to cover roof leaking and plumbing problem in California?

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What is maximum period of builder’s warranty to cover roof leaking and plumbing problem in California?

We bought the house in 2002 and recently discovered some leaks in the living
room. We are not sure how long the builder’s warranty covered for the roof
leaking as the cost was estimated around 5,000 – 10,000. In addition, one bath
room slow leaking has never been fixed with visual stain slowly revealed. Please
advise. Thank you.

Asked on October 14, 2017 under Real Estate Law, California

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 3 years ago | Contributor

It is most likely too late to take legal action or seek compensation, unless they choose voluntarily to give you any.
1) If you have a written warranty, check its terms for how long it was in force for. Very few (if any!) builder's warranties are lifetime warranties, so it's only in effect for for as long as it says it is.
2) If the breached (violated) obligations under a warranty, for any claims made while the warranty was still in effect, you could sue them for doing so for up to 4 years after the breach (based on the "statute of limitations" for breach of contract since a warranty is a contract). But again, the claim must have been brought before the warranty expired.
3) The time within which to bring a lawsuit for negligent (careless) construction is 10 years (at most; it may be shorter in some cases) from the completion of construction in your state.


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