Owners Have Legal Recourse with Builder

Daily Herald (Arlington Heights, IL), July 16, 2000 | Go to article overview

Owners Have Legal Recourse with Builder


Q: We closed about a month ago on our home, which was built for us by a local builder. Since the closing, we have had numerous problems with the plumbing, nail pops and siding. In addition, there were a number of items my husband and I discussed with the builder on our walk through prior to the closing that the builder promised to correct, but hasn't.

Lately, he won't even return our phone calls. It's beginning to look like he does not intend to honor his promises or correct the problems that have come up since the closing. What do we do now?

A: As has been discussed in this column in the past, doing your homework prior to retaining the builder is the safest way to insure that you are doing business with someone who has respect for his or her work and the character and integrity to honor a contractual commitment. Since it appears that does not accurately describe your builder's attributes, let's move on to plan B.

The builder must warrant his work for a minimum of one year. Defects that arise within one year of the closing are subject to the builder's warranty.

Failure to correct the problems could subject the builder to a lawsuit for breach of warranty.

In addition, every contract carries with it an implied promise of good workmanship. Your situation could give rise to an action for breach of contract.

There are other possible remedies available to you. I suggest you contact a real estate attorney to explore your options and perhaps send a note to your builder suggesting he be more responsive to his client's concerns. …

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