Legal Question in Real Estate Law in Massachusetts

Re: After the builder's warrantee period

A new Mass Supreme Judicial Court case clearly holds that the implied warranty of habitability applies to new residential home construction. You paid for a NEW home and its not impervious to the elements. That is a breach of the law of habitability as a matter of law. You probably have a solid claim under the implied warranty under the new case, and perhaps other causes of action that would negate or invalidate the one-year general workmanship warranty (negligent representations, failure to disclose, misrepresentations, etc.).

Also, the seller may have liability here as well. Perhaps even the seller's broker. Each of them could have liablity for (and perhaps even insurance to cover the liability) the representations they made or representations they failed to make.

There are numerous claims available to you against any/all of these people/entities; and one or all of them needs to be made to whole immediately.

Given these circumstances, the case also has excellent jury appeal (people will sympathize with your predicament).

Most of my experience is in exactly these kinds of matters. There are several resources available to you to create tremendous leverage for you against the builder/seller. I would recommend an immediate Demand Letter bringing the claims, and would expect a prompt resolution, or a lawsuit if not.

Contact me if you want help getting everything you deserve, and perhaps do better than that.