If you have just had a home built or purchased one that is relatively new, chances are you chose that route because you did not want to deal with problems. While some new homeowners are extremely handy and love the challenge of completely transforming a fixer upper, your goal was probably to move into a convenient, turnkey situation. All too often, however, new constructions and newer homes may have major defects that not only make your life nightmarish but can also be extremely expensive to repair.
Defects may become apparent quickly, or unfortunately they may not become obvious for months or even years. Leaks or serious flooding are often the indicators of a defect. The roofing system may have not been installed properly or inferior materials may have been used by subcontractors, allowing water to leak into the attic or other areas of the house, to include windows and exterior doors. Plumbing systems may have defective pipes that break and flood bathrooms or kitchens, ruining cabinet areas, flooring, and drywall too.
Some defects can be hazardous to both your health and your safety too. While plumbing leaks or septic leaks can lead to exposure to dangerous bacteria, electrical defects can cause sparking in outlets and even interior fires. Mechanical system defects (such as HVAC) can also make life very uncomfortable in the home if heat, ventilation, or air conditioning are not working correctly, but there is also the danger of fire if pooling water and electrical wires meet. Structural and foundation defects may also make the home dangerous to inhabit.
If you have reported the defect within the period allowed by law (this can vary, so speak with your real estate attorney about time limits), it is not your responsibility to pay for the damage, and you should not be forced to handle repairs yourself.
By California law, the builder has the right to come look at the suspected defect and then work to repair it. They must offer you a written plan for the repairs within 30 days of your request, with everything to be completed within four months. If they do not respond regarding the defect or do not repair it sufficiently, your attorney may advise you to move forward with litigation.
If you are concerned about one or more construction defects in your new home, or if you find yourself in the middle of a legal dispute over real estate, consult with an experienced attorney like Shane Coons right away to protect your property, whether the dispute involves residential or commercial real estate. Call now at 949-333-0900 or email us at Shane.Coons@seclawoffices.com. We will be glad to meet with you to review your case and explain your legal options. Our office is here to help!