What is maximum period of builder’s warranty to cover roof leaking and plumbing problem in California?

UPDATED: Oct 14, 2017

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What is maximum period of builder’s warranty to cover roof leaking and plumbing problem in California?

We bought the house in 2002 and recently discovered some leaks in the living
room. We are not sure how long the builder’s warranty covered for the roof
leaking as the cost was estimated around 5,000 – 10,000. In addition, one bath
room slow leaking has never been fixed with visual stain slowly revealed. Please
advise. Thank you.

Asked on October 14, 2017 under Real Estate Law, California


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 5 years ago | Contributor

It is most likely too late to take legal action or seek compensation, unless they choose voluntarily to give you any.
1) If you have a written warranty, check its terms for how long it was in force for. Very few (if any!) builder's warranties are lifetime warranties, so it's only in effect for for as long as it says it is.
2) If the breached (violated) obligations under a warranty, for any claims made while the warranty was still in effect, you could sue them for doing so for up to 4 years after the breach (based on the "statute of limitations" for breach of contract since a warranty is a contract). But again, the claim must have been brought before the warranty expired.
3) The time within which to bring a lawsuit for negligent (careless) construction is 10 years (at most; it may be shorter in some cases) from the completion of construction in your state.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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