Quick background on my situation — any input appreciated.
construction defect in new home. I've been dealing with this for about 7 months now and the situation isn't improving.
I have been in this property for 5 years. My monthly rent is $2,199. We are on a month-to-month now.
What are the risks if I pursue this? What's the likely timeline?
I've handled similar cases. Here's my take on the legal issues.
The key question is whether the applicable statute of limitations has run. Depending on your jurisdiction, you typically have your state's security deposit statute years for this type of claim.
Before taking legal action, consider sending a formal demand letter. In many cases, this alone resolves the issue.
Just want to point out — the statute of limitations might be a factor here. In some states it's as short as 1-2 years. Don't sit on this too long.
I work in this industry and unfortunately this is very common. The good news is that when people actually push back with legal representation, companies usually settle.
I work in this industry and unfortunately this is very common. The good news is that when people actually push back with legal representation, companies usually settle.
I had a similar issue and ended up consulting with an attorney. It was worth the $200-300 for the initial consultation just to understand my rights.
NAL, but from what I've read, you should file a complaint. That said, definitely get a lawyer to look at the specifics.
Not a lawyer, but I have direct experience with this.
In my case, it took about 1-3 months to resolve. The key was escalating to a supervisor/manager.
I've dealt with this before.
I ended up having everything documented, which cost about $3-6 but saved me a lot more in the long run.
Not a lawyer, but I have direct experience with this.
The biggest mistake people make in this situation is filing with the appropriate government agency. I'd recommend gathering evidence first instead.
I went through almost the exact same thing.
What worked for me was filing with the appropriate government agency. It took 4-8 months but was worth it.
Bought a new construction home 14 months ago. Found: (1) foundation cracks causing water intrusion, (2) HVAC system undersized for the square footage, (3) improperly installed roof flashing causing leaks, (4) electrical panel that doesn't meet code. Builder is giving me the runaround — they 'fixed' the roof leak twice but it still leaks. The builder's warranty says 1 year for workmanship and 10 years for structural. Are the foundation cracks 'structural'?
@NewHomeDefects_Jim — Foundation cracks causing water intrusion are almost certainly structural defects covered by the 10-year warranty. HVAC undersizing and code violations may also have warranty coverage beyond the 1-year workmanship period under implied warranty of habitability theories. Key steps: (1) Hire an independent inspector — get a detailed report documenting every defect with photos and code references. This is your expert evidence. (2) Send a formal written claim to the builder under the warranty, specifically listing each defect and citing the applicable warranty provision. (3) Check your state's right-to-repair statute — many states (including California, Texas, Florida) require giving the builder an opportunity to repair before filing suit. (4) Don't let the builder's handyman 'fix' things repeatedly — inadequate repairs create additional documentation of the defect. (5) The code violations (electrical panel) may allow you to involve your local building department, which can issue a notice of violation compelling repair.