The term failure to disclose is when a seller has refused to disclose essential information about a property to a buyer. Disclosure since some property flaws can significantly lower the market value of a residential or commercial building. Disclosure also ensures that all parties are entering into the deal fairly and with full knowledge of the true condition of a given property.
Single family residences, townhomes, and condominiums, as well as income-producing properties such as apartments, commercial shopping, and industrial structures.
It is a condition caused by faulty design, materials and/or workmanship in a home or income-producing property you own.
There are a wide variety of construction defects which we will discuss and evaluate with you during your no-cost consultation. The following lists some of the typical defects which we litigate:
You have up to ten years from substantial completion of your home regardless of whether you are an original or subsequent owner. Within this time, you may have as little as three years from the date you reasonably should have become aware of the construction defect to file a claim. Legal counsel should be sought immediately. Also, if you own a new home which closed escrow after January 1, 2003, you are subject to a new law and special claims procedures.
Failure to act within the legally prescribed time periods may cause you to forfeit any right of recovery from your developer. As a result, you should act promptly whenever you notice problems.
Prompt and complete repairs can be provided by your developer, but be wary of “patch and pray” attempts. Your developer and sub-contractors are responsible for the construction defects in your home. Compensation is usually paid by insurance companies, therefore bankruptcy or going out of business does not generally eliminate developer responsibility.
Being a subsequent owner does not prohibit you from participating in the litigation process if you have a valid claim. Contact us for more information.
Yes. You can still recover damages for construction defects even if you bought your house as a short sale or foreclosure as long as you are the current owner of the home. The ten-year statute of limitations remains the same regardless of change of ownership or the manner in which you gained ownership?
No. The cases are considered complex civil litigation where a group of homeowners must sign up individually, and they receive monetary compensation and/or repairs based on defects found in their home by our forensic expert. Each homeowner receives a different settlement and/or repairs. Although these lawsuits may appear to be a class action, they are actually filed as a complex civil litigation lawsuit in which individual claims on behalf of multiple clients are brought together against the same defendant/home builder.
Senate Bill 800 (SB800), also known as the “Right to Repair” law, applies to homes where the purchase agreements were signed subsequent to January 1, 2003. This law favors the builder and allows them to make repairs to the construction problems prior to pursuing monetary compensation from the builder. The process of SB800 is a complex repair process and homeowners should speak with our staff for more information regarding the process.
No. Joining a lawsuit may help you preserve the value of your home by recovering monetary compensation and/or repairs from the builder. By joining a lawsuit and conducting repairs, homeowners are left with a more marketable piece of property than if they had not joined. If a homeowner who is aware of defects decides not to join a lawsuit, they are in a potentially worse situation marketing their home down the road. The homeowner would have no recovery from the builder, and thus no repairs performed to defects that may reduce the value of a home.
We offer free consultations and will evaluate your dispute. Please call our office to speak with one of our experienced attorneys or fill in the form below.