Legal Question in Real Estate Law in Texas

Buyer Beware

Our question is regarding the builder of our home. We purchased our home in July of 1998 and closed in April of 1999. Recently we had a leak in our ceiling and found out that our house had never been inspected. We called the builder in July of 2001 who sent out an engineer. The finding of the engineer was that the roof was improperly installed and that the windows of our home did not meet requirements for wind and storm damage. To date our house does not have a Certificate of Completion registered with the State of Texas. What can we do to get some kind of compensation from the builder of all of our troubles. We have had many problems with this builder. We have letters and faxes to verify. We feel that the builder advertised a product and did not provide that product. What can we do?????

Thank you for your Attention


Asked on 1/01/02, 10:53 pm

2 Answers from Attorneys
Lawrence Maun Lawrence J. Maun, P.C.

Re: Buyer Beware

You may have statute of limitation problems, but if you could not reasonable discovery the defects in the house until the leak occurred you may be able to overcome these. Demand satisfaction or retain an attorney to sue for decptive trade practice, breach of contract, breach of warranties and possibly common law fraud.. Larry Maun 713.266.2560

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Answered on 1/01/02, 11:53 pm
Stephen Tiemann Stephen W. Tiemann, Attorney and Counselor at Law

Residential Construction Liability

You may have rights against the builder under the "Residential Construction Liability Act" or the "Deceptive Trade Practices Act".

You should consult an attorney, explain all of the facts, and ask him/her about these two statutes.

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Answered on 1/02/02, 11:19 am


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