Review your sales contract. Most builders include language that waves the “implied warranty of habitability” in lieu of an express warranty. Absent a waiver clause, a court will find that a builder impliedly warrants that a building is free from defective materials and is constructed in a sound and workmanlike manner.
It may be that a court would find a waiver clause unconscionable and thus void. In looking at the clause, the court would likely consider whether the waiver was adequately conspicuous in the contract, whether the buyer was allowed sufficient time to review the contract and the opportunity to consult an attorney, whether the builder would have allowed the clause to be stricken rather than loose the buyer, whether the express warranty offered in the clause was substantially comparable or exceeded the implied warranty, whether the builder charged for the express warranty, and finally whether that charge was excessive.
If your problems are serious you should consult an attorney and have him review your contract in light of the implied warranty of habitability and recent California statutes and judicial decisions.
