Real Estate Law
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OK, the stream would be considered a "patent" defect or issue. Owners/buyers are subject to patent defects because they should have known or been aware of the problem.
You contracted with the builder to build the house - correct?
How long ago was the house built?
Yes, I had a contract with the builder to build the house. It was built at the end of 2007. When you say that I should have been aware of the problem, did the builder have responsibility to share that information? If I sold my home, would I have that responsibility to share that information?
Well your builder had a duty and obligation to correct the problem when the house was under construction. As the builder didn't - they have breached the contract or failed in their warranty of fitness for a particular purpose, breach of general workmanship in the building of the home.
So, you have to inform the builder that it's their problem to correct the situation - they are/were the experts constructing your house.
If the builder won't correct the problems you will have to get another builder to correct the problems and sue the builder for the costs thereof.
What about my resale value? You probably won't be able to sell it with the current problems unless you fix the problems OR you reduce the price of the home by what it would take to fix the problems BECAUSE you have a duty to disclose known problems.
How calpable is the builder? The builder is the one who is liable for fixing the problems - all the costs and expenses incurred in fixing the problems.
The county? No liability on the county - they have no duty to you in the matter.
Only if they fix it correctly. Clearly they can't give a warranty for the life of the house - but, if they correctly fix the problem you shouldn't have any future problems.
I absolutely would NOT accept a 6 month warranty!! No way, no how. What I would do is get other experts in to view the problem and ask them what, in their expert opinion, should be done to correct the problem.
6 months is nothing more than a band-aid over the problem potentiallly. You should NOT agree to that. They're scamming you with that offer - with the hope you'll take it.
They are liable to completely correct the problem - whatever it takes.
If the correction does limit your abilities to use the property - it would depend if they would have done something different to begin with would have alleviated the problem or not. If not, then your stuck. If they would have done something different and would have alleviated the problem - then they owe you something - it's because of their negligence and blunders which caused the problems to begiin with - they're the experts and should have informed you of the problems.
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