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Richard
Richard, Attorney
Category: Legal
Satisfied Customers: 46518
Experience:  Attorney with 29 years of experience.
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Greetings, My wife and I purchased a home new 2 years ago,

Customer Question

Greetings,

My wife and I purchased a home new 2 years ago, and have experienced a number of issues within the first warranty year and in the time since that builders warranty expired. Our biggest issue is plumbing related. We have had 6 plumbing issues we reported, and two faucets I have repaired on my own using Moen warranty kits. While these range from relatively minor issues such as misconfigured water lines (hot water to outdoor spigot) and fixtures needing repair that require holes be cut in closets, there have been three significant leaks which have caused thousands in damage, the latest being a dishwasher with damage to flooring, a cabinet, moldings, and trim. The builder blames the installer, we blame the plumber, the dishwasher manufacturer blames the installer, and the installer (builder subcontractor/appliance supplier) says it can't be an installation issue after 2 years.
I feel I have had so many plumbing issues that I should be able to receive repair or compensation. I suspect that I will continue to incur expenses and issues with what I consider to be substandard plumbing. I am curious to know whether I would have a strong case for a lawsuit. I am thinking of seeking the recent damage repair cost, legal fees and an award sufficient to purchase a separate home warranty for 10 years.
Submitted: 1 year ago.
Category: Legal
Expert:  Richard replied 1 year ago.
Hi! My name is XXXXX XXXXX I look forward to helping you!

You absolutely have a legitimate cause of action here. The fact that you are outside the warranty period is not going to be relevant because you brought these issues up during the warranty period and they have never been resolved. It's nice that they all try to avoid liability by pointing the finger at the other guys, but that simply is not going to work for them once you get this into a court room. The fault lies with one or more of them. And, it's not up to you to determine whose fault. Since none of them will step up to the plate, file suit for all your damages...naming them all as defendants. Then let the court allocate responsibility among them because the one thing that is certain is that you are not at fault. Once you name them, they'll bring in their insurance companies which will put added pressure on them to get this resolved quickly because under the state insurance code, if an insurance company fails to reasonably settle, they're not only liable for actual damages, but also a multiple of your actual damages in punitive damages. The suit will give you the leverage and collection options you seek because once the suit is filed and a judgment awarded, you become a judgment creditor, and if the losing party doesn’t then pay the judgment, you can have the sheriff serve a summons on the losing party for a debtor examination. That forces the losing party to meet the judgment creditor in court and answer questions under oath about the losing party's assets. After that information is obtained, the judgment creditor has the power to garnish wages, attach bank accounts, have the sheriff seize other personal property, and/or place liens on any non-homestead property to satisfy the judgment. You might want to first send the letter you referenced addressed to all of them letting them know how you plan to proceed unless they can resolve this to your satisfaction among them within a short specified period of time.



Thank you so much for allowing me to help you with your questions. I have done my best to provide information which fully addresses your question. If have any follow up questions, please ask! If I have fully answered your question(s) to your satisfaction, I would appreciate you rating my service as OK, Good or Excellent (hopefully Good or Excellent). I thank you in advance for taking the time to provide me a positive rating!
Customer: replied 1 year ago.

Richard,


 


I wanted to clarify a point after I read the statement you made (included below) that the builder has been responsive in repairing issues until this one. He appeared to be willing to help and we were told by his representative that "Bill says Colony stands behind their homes) until he learned it was possibly caused by a subcontractor he uses for all of the appliances. Once he blamed the sub he left us to deal with it. I mention this in case it changes your opinion.


I haven't used this service before, so I had no understanding about the the amount of detail I should provide in this initial query.


----


"The fact that you are outside the warranty period is not going to be relevant because you brought these issues up during the warranty period and they have never been resolved."


----


 


Best regards,


Brent

Expert:  Richard replied 1 year ago.
Hi Brent and thanks so much for following up. The builder is responsible for his subcontractors. So, the builder doesn't get to unilaterally decide to bail on this. If the subcontractor is not being responsive, then the builder has ultimate responsibility to you. The builder can then pursue the subcontractor if they want, but that between the builder and the subcontractor. From your standpoint, sue them all! :)
Richard, Attorney
Category: Legal
Satisfied Customers: 46518
Experience: Attorney with 29 years of experience.
Richard and other Legal Specialists are ready to help you
Expert:  Richard replied 1 year ago.
Thank you so much for the positive rating! I truly appreciate you taking the time to do that! Have a great week!
Expert:  Richard replied 1 year ago.
Thank you also for the bonus! I appreciate your kindness!

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