Legal Question in Real Estate Law in California

New Home Construction Repairs promised, not made

Closed Escrow Feb 28 02 - Deadbolts on the 3 french doors (back yard to pool, and upstairs balcony)Not working properly - cant lock. March 6 first service request submitted to builder, rcvd confirmation. In May builders service man onsite and left written note that deadbolt maintenance would be completed soon.(waiting parts).Called 2 July, was told Builder closed work request as completed in Apr. Submitted new request for deadbolot install with supporting documentation. Now, mid August, builder still cannot tell me when deadbolts will be functioning.

I am concerned for the safety of my children who are sometimes home alone. I am ready to have the work done myself and sue the builder through small claims court. Would that be advisable at this time, or is there any other course of action?


Asked on 8/08/02, 1:15 pm

1 Answer from Attorneys
Martin Snitow

Re: New Home Construction Repairs promised, not made

I think fixing a safety problem is more important than recovering the cost. Go ahead and fix it and send copies of the repair bills to the builder with a request for reimbursement. If they deny the claim, go to small claims court. I think you will win, but even if you don't you should have it fixed right away.

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Answered on 8/08/02, 1:37 pm


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