What to do if I moved into my new home 3 years ago and even though I had a 1 year builder’s warranty I could not get the builder to fix problems?

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What to do if I moved into my new home 3 years ago and even though I had a 1 year builder’s warranty I could not get the builder to fix problems?

Now, over 3 years later the builder is telling us that they will look into problems but if they don’t actually find a problem we have to pay for the repairs. An example of this is that we having loud dripping noises between a certain wall, and the dripping wakes us up at night when our grown boys take a shower after work. The builder continues to tell us that there is no water leaks without looking into the issue, and the noise is the other part of the problem. We informed them of the problem 3 months after moving in, and they did fix an identical problem in another part of the home.

Asked on May 24, 2012 under Real Estate Law, Tennessee

Answers:

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

Answered 9 years ago | Contributor

Okay well you probably should have brought an action within the one year in order to cash in on the warranty.  But maybe there is a way around this.  You will have to brin g the contract to ana ttorney to read.  You could try and use the argument that your time frame for the warranty (a statute of limitations so to speak) was "tolled" or suspended as you gave notice within the time frame agreed to in the contract.  Hopefully it was in writing.  There could also be breach of contract claims.  Good luck.


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