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Do I have any recourse with my home builder? Leaking issue

Posted on 8/20/16 at 4:42 pm
Posted by 13SaintTiger
Isle of Capri
Member since Sep 2011
18315 posts
Posted on 8/20/16 at 4:42 pm
I'll try to keep this as short as possible. My home builder offered a one year warranty, the warranty expired last month. About 6 months ago I put in a claim regarding a leaking/flooding issue in my garage, which turned out to be a foundational issue. The home builder came and supposedly resolved the issue.

Fast forward to now and for what seems like the last month we have been getting rain every day in TN. This rain has exposed the same problem (leaking but now only minor flooding) and mold is now developing. There are cracks in the foundation of what was supposed to have been resolved. The wall where the mold is forming and where the leaking is occurring is concrete.

Am I shite out of luck (coming out of pocket) or do I have any recourse with my home builder being that it was a previous claim/issue that wasn't revolved even though now the warranty is expired?
This post was edited on 8/20/16 at 6:30 pm
Posted by Kay
Member since Mar 2011
1944 posts
Posted on 8/20/16 at 4:45 pm to
Isn't foundation and structure covered to five years?
Posted by 13SaintTiger
Isle of Capri
Member since Sep 2011
18315 posts
Posted on 8/20/16 at 4:51 pm to
quote:

Isn't foundation and structure covered to five years?


I'm not really sure. I've emailed the home builders but I know my home warranty was for one year.
Posted by Fatty Magoo
USA
Member since Nov 2015
1025 posts
Posted on 8/20/16 at 5:06 pm to
Call a lawyer
Posted by Bucktail1
Member since Feb 2015
3186 posts
Posted on 8/20/16 at 5:24 pm to
Your roof should be warrantied at least 5 yrs
Posted by Chad504boy
4 posts
Member since Feb 2005
166135 posts
Posted on 8/20/16 at 5:26 pm to
quote:

my home warranty was for one year.



Negative chief. Lawyer up.
Posted by 13SaintTiger
Isle of Capri
Member since Sep 2011
18315 posts
Posted on 8/20/16 at 5:35 pm to
Thanks Chad. I'll see what they reply back with but are you all saying in most states foundation/structural issues are covered longer than a year?
Posted by Litigious Tiger
Actual Join date 2007
Member since Sep 2011
317 posts
Posted on 8/20/16 at 5:37 pm to
If in Louisiana, Google the new home warranty act.

Next, contact an attorney.

**not legal advice.

Posted by Chad504boy
4 posts
Member since Feb 2005
166135 posts
Posted on 8/20/16 at 5:44 pm to
LA I know for sure, can't imagine other states cutting off structural at 1 yr, that'd be nuts.
Posted by Jake88
Member since Apr 2005
68039 posts
Posted on 8/20/16 at 5:47 pm to
Before he calls a lawyer, he should do a bit of research himself. I doubt he's shite out of luck. He could ask questions of his insurance company about foundation warranties, etc. He could do research on the internet. Different portions of the house have differing lengths of warranty.

Your mortgage lender would know the basic warranties. It's in their interests.
This post was edited on 8/20/16 at 5:53 pm
Posted by ihometiger
Member since Dec 2013
12475 posts
Posted on 8/20/16 at 5:51 pm to
NEW HOME WARRANTY ACT--call an attorney ASAP!
Posted by Chad504boy
4 posts
Member since Feb 2005
166135 posts
Posted on 8/20/16 at 5:52 pm to
Posted by 13SaintTiger
Isle of Capri
Member since Sep 2011
18315 posts
Posted on 8/20/16 at 5:53 pm to
quote:

LA I know for sure, can't imagine other states cutting off structural at 1 yr, that'd be nuts.



Good to know. Just so I'm not crazy, the below pics would be considered structural/foundation defects?











Posted by ihometiger
Member since Dec 2013
12475 posts
Posted on 8/20/16 at 5:55 pm to
HOLY shite--CALL AN ATTORNEY ASAP!!!!!!!
Posted by 13SaintTiger
Isle of Capri
Member since Sep 2011
18315 posts
Posted on 8/20/16 at 5:56 pm to
quote:

HOLY shite--CALL AN ATTORNEY ASAP!!!!!!!


Should I not give the home builder time to respond?
Posted by Jake88
Member since Apr 2005
68039 posts
Posted on 8/20/16 at 5:56 pm to
Ouch. No way you're stuck coming out of pocket for that after only one year.
Posted by Jake88
Member since Apr 2005
68039 posts
Posted on 8/20/16 at 5:57 pm to
Yes, let them respond. Ask your lender about the warranties.
Posted by weadjust
Member since Aug 2012
15082 posts
Posted on 8/20/16 at 6:01 pm to
Is the concrete block wall below grade?
Posted by 13SaintTiger
Isle of Capri
Member since Sep 2011
18315 posts
Posted on 8/20/16 at 6:08 pm to
quote:

Is the concrete block wall below grade?


if you mean is it below ground level, yes.
This post was edited on 8/20/16 at 6:09 pm
Posted by ThinePreparedAni
In a sea of cognitive dissonance
Member since Mar 2013
11089 posts
Posted on 8/20/16 at 6:26 pm to
quote:

NEW HOME WARRANTY ACT


Can anyone comment if this applies to older homes that were completely renovated by a builder (with addition of a loft to the home) then sold?

Does this apply? or only to truly brand new construction?
This post was edited on 8/20/16 at 6:28 pm
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