Legal Question in Civil Litigation in Texas

New Home Warranty

Are Texas Home Builders required to give a 12 mo. warranty on homes they build. I didn't have a legal contract but signed the quote from the builder. No where did the quote state a warranty but the builder warrantied his other homes. There has been personality conflicts with us and the builder and he has not returned any calls or faxes. We feel stuck with any repairs coming out of our pocket. The builder has abandoned us. What are our options?


Asked on 2/15/02, 9:21 am

1 Answer from Attorneys
Peter Bradie Bradie, Bradie & Bradie

Re: New Home Warranty

If the builder won't handle the repairs, and the repairs are substantial, you need to get a lawyer. There are a number of unwritten warranties that come with new construction, and the Deceptive Trade Practice/Consumer Protection Act may well give you coverage.

If the repairs are neglible (under $5,000), and the problem is primarily a personality conflict, write to the builder by certified mail demanding that he either repair the problems or reimburse you for your costs. If he does neither, you can then proceed to sue him in Small Claim. You don't need a lawyer to handle that.

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Answered on 2/15/02, 11:07 am


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