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Ely
Ely, Counselor at Law
Category: Consumer Protection Law
Satisfied Customers: 102162
Experience:  Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
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I have a home that is 4 years old. I have had problems with

Customer Question

I have a home that is 4 years old. I have had problems with my roof leaking that has caused damage to my drywall. According to the roofer I hired they said the builder did not properly place the shingles on the roof, the flashing, and I have one window that was not placed in right. I just got off the phone with the builder and they said they will not repair the item since they are only doing homes that are still under a 1 year warranty. The roof had a 2 year warranty. Do I have a case or not? I have documentation from the roofer which states it is not the weather nor normal wear and tear.
Submitted: 2 years ago.
Category: Consumer Protection Law
Expert:  Ely replied 2 years ago.
Hello and welcome to JustAnswer. Please note: (A) This is general information and is not legal advice. No specific course of action is proposed herein. No attorney-client relationship or privilege is formed by speaking to an expert on this site. By continuing, you confirm that you understand and agree to these terms; (B) f you receive a phone call offer while we chat, know that this is an automated test feature the site is running. Due to possible ethical issues, the site allows experts not participate in phone calls and I normally decline them. Unless the phone call offer you receive literally states "THIS OFFER IS FROM ELY" (which means I personally initiated it), please do not entertain any such offer; and (C) there may be a slight delay between your follow ups and my reply while I am typing out my answer.
I am sorry to hear about your situation.
Under the Texas Residential Construction Commission Act, the following statutory warranties apply to new constructions:
1 year warranty for workmanship and materials;
2 year warranty for mechanical delivery systems;
10 year warranty for major structural components of the home; and
10 year warranty of habitability
This is voided if the homeowner does not take proper maintenance of the home, and the warranties do not include normal wear and tear during normal usage or usage of the home for unintended purposes.
The problem is that while the Act tries to be specific as to what exactly is covered, and a lot is left to subjective interpretation - see here (there are cases that include roofs).
It can be argued that the roof falls under the 10 year warranty for major structural components of the home or the 10 year warranty of habitability, and if so, then there is still a case. I would recommend talking to an attorney to pursue any matter.
I hope this helps and clarifies. Gentle Reminder: Use the SEND or REPLY button to keep chatting, or please rate when finished. You may always ask follow ups at no charge after rating. Kindly rate my answer as one of the top three faces/stars and then SUBMIT, as this is how I get credit for my time with you. Rating my answer the bottom two faces/stars or failing to submit the rating does not give me credit and reflects poorly on me, even if my answer is correct. I work very hard to formulate an informative and honest answer for you; please reciprocate my good faith.
Customer: replied 2 years ago.
What type of attorney would I need?
Expert:  Ely replied 2 years ago.
An attorney who is specialized in one of the following:
REAL ESTATE
CONSUMER PROTECTION
LITIGATION
However, a general practice attorney may also suffice.
Gentle Reminder: Please, use the REPLY or SEND button to keep chatting, or rate positively and SUBMIT your rating when we are finished. You may always ask follow ups at no charge after rating.
Customer: replied 2 years ago.
Thank you. Is there anyone that you can recommend or is there a website to go?
Expert:  Ely replied 2 years ago.
Yes. May I recommend the TX Bar referral program - here. The attorneys are vetted and qualified. You should be able to find an attorney you are confident with and whom you can trust, and who is available ASAP.
Gentle Reminder: Please, use the REPLY or SEND button to keep chatting, or rate positively and SUBMIT your rating when we are finished. You may always ask follow ups at no charge after rating.

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