I am being asked to sign a waiver of California Civil Code 1542 from thebuilder of my home. The tile was not laid correctly and is cracking they are willing to replace if I sign the waiver but I want to know if I am giving uop my righs if something catostrophic happens that is thier fault ie heater is installed incorrectly cause house to burn down or thefoundation cracks and house is lnot livable. I have lived in teh hosue 7 years and it was new construction. Thoughts?
Country relating to Question: United States
State (if USA): California
Searching for info on the internet, tryiong to make an appointment with a local lawyer but I have a deadline of Friday so neeed to make a decision whether or not to sign
Thank you for your question.If I may ask, how exactly is the waiver worded? What specifically are you agreeing to waive, all future work, or just work from this specific issue?
I think it is just the tile but that is what I am unclear on if california code refers to thewhole house and anything else that could go wrong? Here is a picture of the section with teh waiver .
Thank you for your follow-up, Kathi.Based on the language it appears solely a release from the tile work and nothing else. It also would not release you from being able to complain if they again do not do the tile work correctly. Therefore if they agree to repair, and you agree to waive any other liabilities solely from the tile work, I do not see that as in any way detrimental to you. Good luck.Dimitry Esquire41122.7933963773
I realized the picture I sent cut off thebottum of theparagraph. Does that make any difference or is it really just for the tile?
Thank you for your follow-up, Kathi.The waiver expressly states 'tile'. Therefore anything beyond that scope is not waived, and neither are any repairs that take place AFTER the waiver was signed, since you have only waived known and unknown past defects, not anything going forward.Good luck.Dimitry Esquire41122.8029789352
JA Mentor, multiple jurisdictions, specialize in business/contract disputes, estate creation & admin
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