Legal Question in Civil Litigation in Florida
Home Warranty
We purchased our home in May of 2008 with a 1 year warranty. We live in the Florida Panhandle. Now that it is winter our windows are full of condensation(very large amount) I use hand towels to soak up the water. All of this continued wettness is causing mold to grow around the walls, windows and sills. Not to mention the water stains and yellowing.
I continue to wipe them down everyday but the mold continues to grow. We bought a hydometer to test the humidity level in the house and it is well within normal range. I have spoken to the home builder considering the home is still under warranty but they refuse to do anything, even just a fresh coat of paint around the windows but they have refused. The builder said that there is no problem. I have small children that suffer from allergies and I am sure this is making it worse. To me the problem is the windows because they lack insulation. Different (better) should have been used. Do I have any legal recourse?
Thank you.
1 Answer from Attorneys
Re: Home Warranty
Like everything else in life, it depends. The warranty needs to be carefully reviewed to see what it provides. There is also a special statute in Florida which governs builder disputes IF they properly identify it in the contract documents. You may want to have another contractor or mold expert to come and look at your house to determine what is the cause of the problem. When the builder sees that you have gone to the trouble to do so, they may take you more seriously. Last but not least, you should consult with an attorney on the matter. Do not wait till the last minute, as he/she may need more time to negotiate or file suit. Good luck.
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