Legal Question in Civil Litigation in Texas

suing homebuilder for breach of contract

I recently purchased a home from a homebuilder and received a 1 year warranty with the home. I have had several problems with the home, such as a water leak in my ceiling, and I cannot get the homebuilder to fix the problems. Can I sue him in smalls claims court or what should I do?


Asked on 8/09/03, 9:12 am

2 Answers from Attorneys
Harold Dampier Dampier Law Firm

Re: suing homebuilder for breach of contract

If the house is still within that year warranty you can sue him in small claims court. You will need to get estimates for the cost of repair.

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Answered on 8/09/03, 12:43 pm
Charles White Charles G. White

Re: suing homebuilder for breach of contract

In Texas you can bring suit in Small Claims Court for damages not to exceed a total of $5,000.00. The Justice of Peace is the Small Claims Court Judge. Your case will be easier to prove if you have already gotten someone else to make the repairs. The repairman can corroborate your claim and help prove the amount of damages.

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Answered on 8/15/03, 9:51 am


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