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Ely, Counselor at Law
Category: Legal
Satisfied Customers: 102145
Experience:  Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
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My husband and I purchased a home that was remodeled, including

Customer Question

My husband and I purchased a home that was remodeled, including a large sun room addition. The addition was put in 5 years ago, a year and a half before we purchased
the house. The foundation on the addition is slipping and causing major problems.
Submitted: 1 year ago.
Category: Legal
Expert:  Ely replied 1 year ago.
Hello and welcome to JustAnswer. Please note: This is general information for educational purposes only and is not legal advice. No specific course of action is proposed herein, and 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. 1) Did the seller receive any type of warranty for the addition?2) If so, what does it cover? This is not an answer, but an information request. I need this information to answer your question. Please reply, so I can answer your question. Thank you in advance.
Customer: replied 1 year ago.
I did not mention earlier that my husband and I live in a 55 and older adult community. We do not own the land.
The approval for the room addition was submitted and approved by the planning department within the community, which owns its own city. They are a large corporation (Leisure World). I spoke with the owners and they said that the people
who built the addition (Patio Masters) did guarantee the work, but they did not have a copy of the guarantee and stated
that it should be in the records of the Leisure World/Laguna Woods records. Whether this was transferable or not, they did not know. A neighbor two doors down from us had a addition somewhat similar to ours 2 years ago and have also noticed
a shifting in the ground and damage to their new addition.
Expert:  Ely replied 1 year ago.
Thank you for your reply.
Under California Civil Code Sec. 900 et seq, a builder owes a duty on serious improvements and remodels. This is for at least ONE YEAR. However, this does not apply if the matter was finished over 5 years ago.
There is a general warranty for 4 years on all contract work.
But there is a 10 year statutory warranty for structural defects under Ca. Bus & Prof Code Sec. 7091.
What can be done?
1) First, one must notify the contractor in writing and allow
them to inspect, evaluate and make an offer to repair or settle the
2) If the contractor does not respond or does not settle within a reasonable time, one can SUE for negligence in court.
3) Along with #2, one can also file a complaint with the Contractors State License Board at 800-321-CSLB. This may be used as as leverage in negotiation if the contractor balks at responding/settling. See more at Ca. Civil Code Sec. 915 et seq.
Good luck.
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