Does the Home Lemon Law apply to a newly built home that repeatedly failed an air quality test 2 weeks after the buyer moved in?

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Does the Home Lemon Law apply to a newly built home that repeatedly failed an air quality test 2 weeks after the buyer moved in?

I bought a new built home; after living in the home for 2 weeks we started to notice a sewer smell. I filed my complaint and they came and tried to find the problem. Problem wasn’t found and then waited for the builder to come to a conclusion for the next step on finding the problem. Meanwhile, the smell grew stronger and stronger and then the builder decided to do an air quality test and the results were abnormal elevated levels of methane gas and other chemicals in the home. After that, the builder put us up in a suite but after 55 days we still have no answer.

Asked on December 30, 2010 under Real Estate Law, Texas

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

The State of Texas should be applauded by being the first in the Nation to enact a new home lemon law to allow homeowners some form of protection - other than federal protections - against home owner problems.  It is my understanding that if your new home has a serious defect that is considered a safety hazard, or if the defect could reduce your new home's market value, such as a large crack in the foundation, or abnormal settling or leaking, your home could be considered a lemon. From what you have written here it appears that your home may indeed fit the bill.  Some states allow the builder 60 days to fix the problem.  New Jersey is one of those states.  If Texas is as well then you are coming up on that number.  I would consult with an attorney in your area right away.  Good luck.


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