Legal Question in Real Estate Law in Texas

Home Owners Rights

I recently had a water leak in the slab of our home. It damaged the carpet and water got underneath the linoleum in our kitchen. The builder does not seem to want to work with us very much. It is still in the one year warranty that came with the home. Do I have any recourse as far as recouping meal expenses due to the loss of the use of our kitchen? They used a jackhammer and our house is full of dust from the concrete. We have two small children and don't feel it was right to have to live under these conditions. What recourse do I have?


Asked on 12/13/01, 11:12 pm

1 Answer from Attorneys
Stephen Tiemann Stephen W. Tiemann, Attorney and Counselor at Law

Re: Home Owners Rights

1) You have legal rights against the builder for damages resulting from construction defects.

2) You should consult a real estate attorney as soon as possible and discuss your rights, which are under the Texas Residential Construction Liability Act (RCLA).

3. This Act requires that you follow certain procedures regarding your claims, so you should consult an attorney before you take action on your own.

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Answered on 12/14/01, 11:10 am


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