Warranty Issues with Builder

UPDATED: Oct 1, 2022

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Warranty Issues with Builder

We purchased a new stucco home 9 years ago. We recently started seeing cracks in the stucco and called the original contractor. While speaking to him, he told us more information than he should have and told us that our builder refused to hire someone to seal the windows and sold the houses as maintenance free. After realizing what he had told me, he refused to return our calls or come to look at the stucco. We called someone else to do a comprehensive stucco evaluation and found out that we have quite a bit of moisture damage to our home. We’ve contacted the builder and they’ve come to look at the house but have told us no plan of action or even if they are going to do anything at all and are stalling us. We realize we have a 10 year warranty and the time is coming up very quickly. What do we do next?

Asked on August 28, 2017 under Real Estate Law, New Jersey


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 5 years ago | Contributor

A warranty is a contract: if you have a warranty which will cover this damage or the repairs, the other side (e.g. the builder; whomever is oblitated to pay under the warranty) is contractually obligated to pay for this. If they will not pay, you can sue them for "breach of contract": if you can prove in court that under the terms of the warranty they have to pay, you can get a court order or judgment requiring them to. Sue for breach of warranty now, before the warranty expires.

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