Legal Question in Real Estate Law in California
new home builders responsibilities
I moved into a new home.2 weeks prior builders called and told us to transfer gas into our name. Called the company and were informed that builders had not filed permit with city and were unable to provide us with gas. Called builders and informed them this.The buliders said that it was taken care of. The day we did our final walkthrough/move-in was friday. We moved in builders said they re-faxed all paperwork to city and were not responsible for our heat. We called company they said they recieved permit to late and nable to get our gas hooked up until monday. Told the builders prior to move-in that we would be moving out of apartment and travelling via U-haul.(live 1.5 hours away from last residence) and were homeless until move-in . Builders assured us everything in house was ready.Conducted walk-through and notified that we did not have gas.Weather dropped into the 30's.23 month old son caught pnuemonia with 102 tempature. Took him to Naval hospital 3 times in one week. Wife missed 9 days of work I missed 3 days. Is the builder rersponsible if not who is?
2 Answers from Attorneys
Re: new home builders responsibilities
Sounds like their are some serious breaches; all the damages (the illness) may not be recoverable but there may be fraud or other problems. Sounds like you got a case.
Joel Selik
800-894-2889
www.4thelaw.com
Re: new home builders responsibilities
I agree with Mr. Selik. The builder is responsible to deliver the home ready for occupancy. Their actions of faxing paperwork to the city at such a late time is negligent at best, and misrepresentation and fraud at the worst.
They could be liable for punitive damages, even though you would have a hard time proving that the illness was caused by the lack of heat.
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