-- Answers to Questions About Real Estate Law
Money and real estate news you can use everyday

Real Estate Lawyer
Question of the Week
Tip of the Week
Recommended Books
Contact Sam

New Home Has Water Damage


By Ilyce R. Glink and Samuel J. Tamkin

Summary: After repeated fixes, a homeowner still has water problems in his basement. Sam talks about the builder's responsibilities and the various construction litigation options.

Q: We purchased a new home in 1997. After moving in we noticed water leaking into basement. After numerous complaints to the builder, he finally agreed to saw cut the floor and clean out weep holes. But that didnít fix the problem.

Next, the builder then decided to dig up around the foundation and backfill with stone. Also, he painted inside the walls with a waterproofing paint. While, this appeared to work at first, I have noticed black mold growing in some areas around where he supposedly fixed the problem.
(article continues below useful links)

Since the builder didnít resolve the problem, can he be forced to repair and resolve this issue?

A: The answer to your questions depend on the state in which you live.

In some states, you may have a right to pursue an action against the builder, in others, the time in which you could have brought your case against the builder might have expired.

Recent court cases in some states would preclude your ability to sue the builder. If, for example, the builder gave you a one-year warranty on the home and you did not sue the builder during that one year period, you would then lose your ability to later sue the builder.

In other states, the fact that the builder tried repeatedly to fix the problem might be sufficient for a court to find the builder to be liable, even today, for the problems arising from your home.

You should talk to an attorney that specializes in construction litigation and has sued builders for these types of issues to understand your legal options.

Finally, you need to make sure that your mold problem is caused by the recurring water problem issue that was claimed to be fixed by your builder. It is possible that the water problem occurring in your home is being caused by a new problem.

Investigate the cause of your mold first, then determine what can be done to fix it. Only then will you know whether the construction of the home was faulty or if the problem is new.

Samuel J. Tamkin is a Chicago-based real estate attorney. Ilyce R. Glinkís latest book is 50 Simple Steps You Can Take To Sell Your Home Faster and For More Money In Any Market. If you have questions for them, write: Real Estate Matters Syndicate, PO Box 366, Glencoe, IL 60022 or contact them through Ilyceís website




RSS Feeds

RSS 0.91 Feed
RSS 1.0 Feed
RSS 2.0 Feed

Home Buying   Using Attorneys to Buy a Home - Earnest Money - Quitclaim Deeds - Easements - Seller Misreprensation - New Construction - Buying with Partners - Home Inspections - Seller Problems - Agent Issues
Home Selling    Using Attorneys to Sell a Home - Seller Disclosure laws - Title Problems - Buyer Problems - Real Estate Agent Issues - Tax Considerations
Home Ownership   Neighbor Problems - Seller Misrepresentation And Fraud Issues - Problems In a Condominium Development - Problems Around The House - New Construction Issues - Subdividing Land
Home Renovation   Architect Issues - Contractor Issues - Problems With Contractors - Inspection Issues - Certificate Of Occupancy - Municipal Inspections - Punch List Issues - Financing Issues - Installment Contracts
Real Estate  
Loan Application Problems - Refinancing Issues - Paying Off An Old Loan - Credit Problems - Seller Recommended Lender - Prepaying A Loan - Prepayment Penalties - Predatory Lenders
1031 Exchanges - Financing Investment Properties - Landlord and Tenant Issues - Partnership and Company Considerations - Tax Considerations - Subdividing Land
Contact Us | Sitemap | Terms of Use | Copyright ©2001-2005. ThinkGlink Inc. All rights reserved.
Reproduction of material from any pages without written permission is strictly prohibited.
Site design by Walker Sands Communications