Legal Question in Real Estate Law in Massachusetts

There are two possible scenarios for legal responsibility here. If the basement is "common area"--that is, if it belongs to all of the unit owners--then the developer is probably responsible on a legal theory known as implied warranty of workmanship. One issue that would need to be examined is whether the developer is still around to sue and collect from, as many developers of condos set themselves up to dissolve after the last unit in the development is sold. In the second scenario--and again this assumes that the basement is common area--the condo's master insurance policy may cover the leak. Whether coverage kicks in depends on whether the insurance policy has an exclusion for losses caused by water infiltration, a provision that is contained in many policies. The last scenario would be to make a claim under your own insurance policy if you have one (though unit owners often don't carry their own insurance separate and apart from the condo).

Please feel free to contact me if you have any questions.

It all depends.... but doesn't it always? Several preliminary questions must be satisfactorily answered. Among them:

1) Who is the developer?

2) Who was the builder/contractor?

3) What is the cause of the crack/ leak?

4) When did it develope?

5) Any design/construction flaws or causes?

6) What's involved in curing this crack/leak?

7) Is this the only crack/flaw?

8) Any insurance policies? Claims?

9) Review building inspector's "sign-off" sheet & notes. Interview him/her.

10) Do condo docs clarify liability based on their terms and location of crack/leak?

11) Do you need an expert (structural/mechanical engineer) to "pin point" causation and clarify liability?

All this..... and what does your attorney say/recommend? You will certainly need one. This is not a candidate for DYI lawyering. Develope causation, costs, a list of possible defendants (long list), and a list of "deep pocket" defendants (short list). Give proper notices and let you attorney assist you in sorting this out. Good luck!

I would add that if the builder and developer do not fix this, you are looking at long term problems.

You need not only have it repaired, you need to be assured that it stays intact.