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Ask Law Educator, Esq. Your Own Question
Law Educator, Esq.
Law Educator, Esq., Lawyer
Category: Real Estate Law
Satisfied Customers: 112768
Experience:  Licensed attorney practicing landlord-tenant, land use and other real estate law and litigation.
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What are the legal options homeowner (condo) when the

Customer Question

Hello, what are the legal options for the homeowner (condo) when the builder continues to default on agreed to "fixes" after the walk-thru and closing on the condo? What are the options for the homeowner to enforce the builder to complete the promised work and in what time-frame? My parents have been waiting for over 5 months on either new carpet or carpet repair and it is now a safety issue with the stretched, defective carpet. Thank you, ***** *****(###) ###-####
Submitted: 1 year ago.
Category: Real Estate Law
Expert:  Law Educator, Esq. replied 1 year ago.

Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.

The recourse against the builder is a suit against the builder for breach of contract and to take them to court to seek the payment for the damages they have failed to repair as agreed upon. You can sue for the damages in small claims court without any attorney if the amount of the damage is $7500 or less. If it is more than that you have to sue in the regular civil court for the breach of contract.

The builder has a "reasonable time" to make the repairs. Reasonable depends on the nature of the repairs and availability of materials and labor, but courts generally hold 30 days is reasonable and more than that is not reasonable, especially for a carpet repair.

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