How do I get a builder to honor their warranty?

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How do I get a builder to honor their warranty?

I bought a new home about 11 months ago. I contacted the Builder 3 weeks ago when I noticed the roof was not completed when I went up the to the roof. It needed to be properly sealed and a small the tile work was not completed. The builder did send people over to look at the roof, and everyone agrees the roof needs work. I tryed following up with him afterword now the Builder will not even get back with me. I heard a rumor now that this builder is have financial issues. I can not afford the repairs and work myse;f.

Asked on December 4, 2012 under Real Estate Law, Texas

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

Legally, if there is a warranty, it may be enforced like any other contract: if the builder will not voluntarily honor it, you could sue for a court order requiring it to be honored and/or for monetary compensation for its breach. Practically, if the builder doesn't have the money, goes out of business, declares bankruptcy, etc., you may not be able to recover anything--regardless of your legal rights, the party responsible for paying something must have the money to pay it.


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