Legal Question in Real Estate Law in Oregon
new home
We bought a new construction home 44 days ago. Since then we have had the eve of the house start falling, the deck attached to the home is now uneven, the pillars holding the eve are leaning. The sump pump that we never new we had was never hooked up, thus resulting in the crawlspace flooding leaving the framing of the home with moisture and we now have mold and mushrooms growing. Do we have any recourse? It has only been 44 days on a new home!
1 Answer from Attorneys
Re: new home
Most sellers of new construction provide a written warranty, and your rights are determined by that warranty document. The standard warranty document would provide you with recourse (although an attorney would need to look at it to be sure).
If there was no written warranty that was provided to you along with the sale, then your rights are determined by what is contained within the Sale and Purchase Agreement. Look to see whether the paragraph "AS IS" was checked off.
Your rights can include recission (that is, asking for you money back in return for giving the deed back to the seller) and/or monetary damages. Again, an attorney would need to look at the written documentation that was signed and/or provided, in order to give you a more precise analysis.
Hope this information helps.
Best,
Larry
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