Legal Question in Real Estate Law in Colorado
Builder warranty problems
We've had many problems with our ''brand new home'' We live in Colorado where it is very cold. We moved in 1/31/07. After several months we noticed two bedrooms were cold. However one room was colder than the others. Since then we have mentioned this to 3 different warranty people, nothing has been done. Several months ago we noticed a distinct scent in both bedrooms-cold and moldy like. We've mentioned this to warranty, nothing has been done. we purchased a mold testing kit and mold began to grow in the dish. One of our sons has now developed bronchitis from being in this room. We have moved him to our room now. I'm 3 months pregnant and have an infant.
In addition two of our bathrooms had black mold in them, because the builder did not act promptly when we told them the grout was craked and moisture was sipping through. It took more than 6 months for them to do anything. This builder has exposed my family to a harmful and dangerous mold for too long. Now the warranty person is saying since our house is out of warranty, he thinks there's nothing he can do. This was mentioned to them several times during our warranty period and nothing was done. What can we do? What are our rights? Can we take them to court?
Tnks- frustrated
1 Answer from Attorneys
Re: Builder warranty problems
The initial rights are in the warranty contract and the sales contract. Did you follow the notice provisions to exercise the warranty to the letter? If so and they now claim the warranty is done you may have a right to sue for breach of warranty in addition to other rights. This is a complex area of law and you should contact counsel. Good luck.
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