New Home Construction Defect

[SDisGreat]

Hi fellow piggs,

I have a concern and was wondering if someone can provide me with some guidance.

I bought a model home and it has been four years since construction, builder is well known in san diego, however since moving in 3 yrs ago, i have had three roof leaks, one in my bottom guest room, one in my kitchen and one in my living room, on three separate occasions.

Now i have discovered another leak, this is coming from upstairs…I m fed up with all the leaks and was wondering what type of legal action i can take against the builder to have them buy the property back from me and pay me for the pain, suffering, and inconvenience it has cause.

I will have difficulty trying to resale the property bc i will need to disclose the leaks and this will cause me to get a lower asking price, or if even an offer.

Please advise… there should be a lemon law for homebuyers right?

[SK in CV]

Short answer: find a reputable roofing contractor and fix your roof. Unless you need an entire new roof, it’s the quickest and least stressful way to go.

Slightly longer version: You can make demands to the builder to make the repairs. The roof shouldn’t leak. In order to do it effectively, you should probably hire an attorney. You don’t have to file a lawsuit, in fact, you may be prohibited by law from doing so, until you have given the builder the opportunity to cure the defect. Chances are, the builder won’t fix it. Then you will sue. You will endure a 18 month to 3 year process and collect $8K to $10K when its over with. Take your pick which is easier.

[lifeisgood]

I had a leak in the bottom guest room of my newer home and it turned out to be condensation from the air conditioning duct above the ceiling.

As far a legal action, all you can do is hire a defect litigation attorney. They will get a third of any settlement that you receive and you will have to put up with the headache of dealing with people in and out of your house and the stress of waiting a long time. As far as disclosing the leaks, you will be better off repairing the leaks and you won’t have an issue with a home inspection. Also, your house is not under warranty for anything outside of structural damage which is hard to prove in court I would think.

[SD Realtor]

Have you already contacted the builder and followed through with them? I am surprised they have not sent someone out to deal with your roof leaks. Usually there is a pretty strong warranty on the roof.

Have you reviewed yours?

[Author]

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