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Law Educator, Esq.
Law Educator, Esq., Lawyer
Category: Real Estate Law
Satisfied Customers: 110442
Experience:  Licensed attorney practicing landlord-tenant, land use and other real estate law and litigation.
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I bought my home in League City, TX in Jan., 2002. However,

Customer Question

I bought my home in League City, TX in Jan., 2002. However, the builders Emerald (they merged later with D.R. Horton) never provided me with a WPI-8 Certificate of Compliance as to whether the construction included metal roof and foundation tie-downs. I have purchased all window, door and garage approved covers, but am unable to obtain full WPI-8 compliance because the tie-down straps can only be seen only in the attic and not the foundation. The City of League City allowed the contractor to finish construction but feels that are not obligated further.
Submitted: 5 months ago.
Category: Real Estate Law
Expert:  Law Educator, Esq. replied 5 months 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.
If there was no certificate of compliance and no tie downs that can be found, you have a major problem at this point under Texas law. Under the Texas code, you have 10 years from completion of construction to discover a hidden defect and 2 years from discovery to sue. If this happened in 2002 and you never knew or sued within that time period your legal recourse against anyone is barred by the statute of limitations. I am sorry to say that the courts hold to these statutes of limitations strictly and that once you have passed that time you would have to pay the penalty or pay to remove the siding to have an inspector certify the straps are present. You could have had an action before, but once the statute of limitations runs out I am afraid all legal claims are barred.

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