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New house. Water damage in basement. Developer refuses to…

Customer Question
New house. Water damage...

New house. Water damage in basement. Developer refuses to pay damages. Property in NH

Lawyer's Assistant: Because real estate law varies from place to place, can you tell me what state this is in?

NH

Lawyer's Assistant: Has any paperwork been filed?

Invoiice given to developer

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

Still getting some water in basement. Moved in community, over 55 individual condos

Submitted: 10 months ago.Category: Real Estate Law
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Answered in 8 minutes by:
11/18/2017
Real Estate Lawyer: Loren, Lawyer replied 10 months ago
Loren
Loren, Lawyer
Category: Real Estate Law
Satisfied Customers: 39,873
Experience: 30 years of real estate practice experience.
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Thank you for using JA. I am Loren, a licensed attorney for over 30 yrs., and I am here to help.
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Real Estate Lawyer: Loren, Lawyer replied 10 months ago
What sort of damages are you seeking?
Did you get a written limited warranty with the new construction? Does it cover whatever is causing the water in the basement?
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Customer reply replied 10 months ago
To pay invoice only. Not sure about the warranty. He paid another homeowner with same basement water damage and paid him a sem of $3000. So why not pay me for $8000. There are other expenses that I have not included.
Real Estate Lawyer: Loren, Lawyer replied 10 months ago

If the water damage was caused by a construction defect then the builder is liable, assuming there is not a limited warranty floating around out there which excludes such damage.

Otherwise, if the builder will not cover the damages of their breach and pay the damages you demand then your recourse is to sue.

If there is a warranty then you will need to follow the procedures to make a claim under the warranty. Make you sure you follow those instructions to the letter, as a failure to do so could prejudice your claim.

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Real Estate Lawyer: Loren, Lawyer replied 10 months ago

Did you have further questions? Have I answered your question?

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Real Estate Lawyer: Loren, Lawyer replied 10 months ago

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Thank you!

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