If you are a new homeowner, you are probably looking forward to spending time in your very own dwelling. However, what do you do if you notice defects after you purchase the house and sign the closing papers?
There are a variety of defects that may pop up. Fortunately, there may be steps you can take to remedy the problem without having to pay out of your own pocket.
Common defects
According to FindLaw, construction defects fall into one of four general categories:
- Construction
- Material
- Design
- Subsurface
Some defects may be minor and not result in too many issues. However, some cause significant problems and require substantial amounts of money to remedy.
For example, subsurface deficiencies result in a weak or shifting foundation. This can lead to flooding, landslides, shifting structures and building damage. Material defects can result in leaky windows, dampness and inadequate roof stability.
Design deficiencies generally occur when the building designs do not fit into the specified code. Common issues with these defects include water penetration, inadequate structural support and poor drainage. Construction defects can lead to a wide variety of problems, such as mold growth, mechanical and electrical issues, pest infiltration and rotting wood.
Actions homeowners can take
According to the Office of the Staff Judge Advocate, even a home inspection before closing on a house may not detect all deficiencies. If you bought a new home and discovered issues after the signing of all papers, there are possible actions you can take. Alabama law allows for an applied warranty of habitability, and it protects buyers for six years after the purchase of a new home.
This warranty requires that the builder repair or replace any construction-related defects. In order to sue a builder, the home’s owner must be able to prove six elements, which include that the buyer was unaware of the defect before purchasing and that the defect reduces the market value of the property.
