Attention Homeowners: Here are Some Consumer Rights You Need to Know

INTRODUCTION:
      California homeowners have rights regarding defects in the construction and design of their homes. In an age of increasingly mass-produced and hastily built homes, many of these homes suffer from poor construction and design defects. California law allows recovery by a homeowner for a variety of damages, both cosmetic and structural. Importantly, these protections include not only the original buyer of the home, but also the subsequent homeowners.

ARTICLE:
      Here in California, many families own a home or may be considering purchasing a home in the near future. This is the essence of the "American Dream." The purchase of a home, especially that first one, is the single biggest investment most families will ever make. Clearly, when purchasing a home, especially as a young family, you want to be sure that you get what you pay for. Quality and price are the two most important factors. Here in San Diego, where real estate prices are notoriously high, the price and the level of quality that you receive for that price are particularly important.
      Unfortunately, because of the high property values and the high profits that can be made in the California home building industry, developers are often in a hurry to build and sell homes as quickly as possible. This is especially true with regard to what has become the most popular method of building homes in the San Diego: tract homes and condominiums. Tract homes and condominiums are homes that are built in developments, usually in high density and in styles limited to only a few model types. These are unlike "custom" homes that are usually built individually by one contractor and according to a specific set of plans. With tract homes and condominiums, time is money. The faster a builder can build a home and get it on the market, the higher his profit.
      The advantage for the developer in building tract homes and condominiums is that they can be built quickly and cheaply. The advantage for the new homeowner is that this cost savings should usually result in a more reasonably priced home. Although these homes are "mass-produced," most of them are of good quality, safe, and should last longer than a homeowner's mortgage. On the other hand, sometimes these homes do not meet the owner's expectations.
      The problem is magnified because many homeowners, especially first-time homeowners, do not have a good idea of what to expect from their home as far as what should or shouldn't be a problem. Also, they often don't know what their legal rights are against the builder of a tract in the event that they purchase a defectively constructed house.
      For example, is it normal for plumbing to begin to leak within a few years of owning a home, or should the developer have to repair it? Is it normal for stucco to begin to crack on a home that is only a couple of years old? What are “normal” stucco cracks? The same questions come up with regard to leaks at windows or sliding glass doors, roof leaks, or a number of other defects. The answers to each of these questions depend upon the specific facts of each situation. Generally, however, deficiencies such as these are the responsibility of the contractors or developers.
      California law, recognizing the precarious position of homeowners, has set up certain safeguards to protect their rights. California treats tract homes and condominiums like any other product you would buy at the store: if the home has defects or has caused injury to the consumer, the consumer must be compensated. This is so even if, as happens many times in these cases, a developer, as part of their sales pitch, gives a one or two year warranty on the home. Thus, the developer may be liable for defects in the home, even if the developer's warranty on the home is now expired.
      Furthermore, you do not have to be the original owner of your home to be protected. Even if you are the second or third owner of a home, if that home has defects, you still have rights to seek compensation from the original contractor.
      However, as a rule, a homeowner's rights against contractors are extinguished once a house is more than 10 years old. If your home is younger than that age, you owe it to yourself to inspect it or to hire a competent inspector to inspect it. If you feel that your home suffers from defective original construction, you should also consider contacting an attorney to address these issues with the developer.
      To conclude, many homeowners do not realize the extent of their legal rights. When the shower begins to grow mold or roof tiles blow off from the wind only a few years after a homeowner bought the home, homeowners may think that there is nothing they can do, especially without a written warranty. This is not true. Homeowners do have rights, to either ask the developer to repair the defects or to hire a lawyer to recover money damages against the builder for defective construction.
      Obviously, resort to the legal process should always be the last option. But if certain defects are appearing such as those noted above or any others, a homeowner should not hesitate to inquire of an attorney or other expert about whether these conditions are "normal" and if not, then about what rights they might have.
      For many families in San Diego, the purchase of a home is a huge investment. Families should not be afraid to assert their rights if their American Dream turns into an American Nightmare.

Disclaimer- These materials prepared by Shinnick & Ryan LLP are for informational purposes only and are not legal advice. Transmission of the information is not intended to create, and receipt does not constitute, an attorney-client relationship. Online readers should not act upon this information without seeking professional counsel.  [Full Disclaimer]

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