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Ask Attyadvisor Your Own Question
Attyadvisor, Attorney
Category: Real Estate Law
Satisfied Customers: 6428
Experience:  29 years of experience in General Practice, Real Estate Law and Estate Law.
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I purchased a brand new home October 2014. When I turned my

Customer Question

I purchased a brand new home October 2014. When I turned my heat on in November, I noticed that it was not working. The seller sent someone out to fix it. They said they had to replace a fuse. Five months later, I had water damage from a faulty water connection from washing machine. Then another pipe leaked which damaged my dining room ceiling. The builder had a plumber to repair the pipes, but I had to patch and repair the walls and ceilings. Then I found out that someone removed the serial/model plate from my refrigerator when the icemaker broke. I texted the builder the following summer to let him know that my AC was not blowing cold air. No response. This summer, we are extremely miserable without AC. I have small children and my 80-year old mother living with me. He told me that I would have to pay it since it's been over a year, but I had informed him 9 months after we moved in (via text) that the AC was not working. Cost for AC is $1,400. My fireplace only worked the first Christmas. The repair for that will be over $300. Now, I have two more leaks, one in basement and one in the dining room again. It has just been one situation after the next. I wanted a new home so I would not have to deal with these issues until about 10-15 years later. But I started having issues a few days after we moved in. Do I have a case?
Submitted: 10 months ago.
Category: Real Estate Law
Expert:  Attyadvisor replied 10 months ago.

Welcome to JA and thank you for your question.

Just to clarify this was new construction? Do you have a copy of the contract for your purchase? There are two issues that may be in play here and one is that the seller/builder knowingly sold you property with defects that they failed to disclose. This is called fraud. The second is that your property should have come with Warranties. The builder may also have a construction defect issue that would be filed as a complaint with their licensing board.

You have a case the only question is is whether the seller knew of the defects which will weigh heavily against the seller and only add to the seller's liability.