Legal Question in Real Estate Law in California
We bought our house in 2006 from the builder himself. The house was built in 2003. We have leaks, and defects in our house. What are homeowner's legal rights as far as getting the builder fix these issues.
Thank you.
2 Answers from Attorneys
I would mention the following as topics to consider:
The leaks and defects should relate to original construction methods, choice of materials, plans, inspection, etc. that would not pass as acceptable in the trade at the time of construction. Depending on what's wrong and how it got that way, you may need one or more experts to verify that the workmanship was inferior, the materials were improperly chosen or handled, etc.
The leaks and defects must not have been disclosed, or readily apparent, at the time of your purchase.
Your right to sue is probably subject to the statute of limitations (or of repose) at Section 337.15 of the Code of Civil Procedure, which says a suit for a latent deficiency in design or construction must be brought against the contractor, developer, architect, etc. within ten years of the earlier of several triggering events, including final inspection, first use or occupancy, etc. Seems as though you still have a couple years to make a demand, then sue if necessary.
Mr. Whipple is correct that you have ten years to sue for latent defects, but I must add you only have four to sue once the defects are discovered, or if they were apparent when you bought the house. I have been practicing construction law for over twenty years, and used to live in your area (ten years living in Piedmont). I still maintain office facilities in downtown Oakland, and would be happy to meet with you for a no-obligation initial consultation about your situation and options.