Legal Question in Real Estate Law in Georgia

I bought a home in September of 2008, and noticed from the spring of 2009 until now, I have noticed a continual increase in my energy bill. About three days ago, I came in from work and my house was a sauna! after calling the builder who referred me back to the heating and air people who installed the unit. I called them and the response I got from the gentleman was: "He told you to call me?" I called a contractor who pointed out the 4 inches of water in the tray in the attic which I have dipped all of the water that I could about three times already which makes the system restart and the fact that someone neglected to insulate the entire attic which tells me that the inspector did not inspect my home before this purchase. I purchased my home through VA so, needless to say, I am totally surprised. HELP!!

Asked on 8/24/10, 8:19 am

3 Answers from Attorneys

Phillip M. Cook Cook Legal Services, LLC

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To obtain a clear answer about your potential legal options, a Georgia attorney would need to review your home closing documents, builder's warranty, etc., and probably have your house inspected by a Georgia licensed inspector. Unfortunately, energy prices continue to rise (there is a lot of angst and debate of this), so it may not be too easy to prove that the increase is due to some kind of building defect. If you pursue the builder, developer, A/C guy, etc., it will cost you time and money and you may see no judicial relief -- are you willing to take the risk or are you just venting?

Best of luck.******The above is for informational purposes only and does not create an attorney-client privilege.******

Answered on 8/29/10, 8:31 am

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Scott Riddle Law Office of Scott B. Riddle, LLC

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YOU need to review your contracts and related paperwork to see if there is even a mention of a warranty or guarantee on anything after the house became yours. A second question would be whether it would be valid 2 years later, when you apparently knew of a problem over a year ago. What steps did you take, such as having the HVAC checked (the obvious first step of someone who has HVAC issues)? Have you even had a repair person out there to check the problem?

Answered on 8/29/10, 8:36 am

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