Can I force a home builder to take a problem home back? Like a "lemon" car?
I bought a home that is still under warranty. Recently I have discovered that issues I'm dealing with like basement flooding, poor plumbing etc. is being dealt with by other owners in the community. While fixing it is great, some of the CAUSES of the issues aren't being fixed. Hence I want out. Can I force a builder to buy back a property that is obviously a lemon?
Public Comments
- You aren't going to be able to force them to take it back. You do have a home warranty for probably a year and you can require them to fix everything that isn't right free of charge. If they don't fix things, then have them fixed by an expert in the field and go to small claims or civil court and sue the builder. This is a common problem.
- unfortunately... buyer beware. thats why you pay for home inspections before you buy.
- Depending on what the unfixed "causes" and whether there was any deception involved, you might possibly be able to sue for fraud. Talk to a lawyer. To save time and money, pool your money with the other owners and go to one lawyer together, rather than each paying a different lawyer to have the same conversation.
- Did your builder provide a home warranty? You could try to use that. If not, you may want to hire an attorney to assist you. And if neighbors are having the sames issues, they may want to join you in a class action suit. No you can not force a builder to take the house back. One question I do have is if you are having plumbing issues, why was the house signed off by the building inspectors? I would contact the city and ask. But putting up a big sign in your front yard about how bad the builder is and/or calling the local TV stations might cause that builder to either fix what is wrong or ruin his business.
- To my knowledge, there is no "lemon law" regarding homes. If you are not satisfied, your only option is litigation. I'm sure the builder has a great RE attorney, you will need one also.
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