If my warranty has expired, does that mean I no longer have a claim against the developer or contractors?
The fact that the builder’s warranty expired does not necessarily mean that you no longer have a claim against the builder or contractors. When you buy a home or condo, the developer often gives you a written warranty. The warranty is usually a “1-2-10” warranty that covers a broad set of potential problems for 1 year, a narrower set of problems for 2 years, and covers a very narrow set of “structural” problems for 10 years. If you have water coming into your home five years after the home was built, the developer or builder may refuse to do anything about it and tell you that your warranty has expired.
South Carolina law provides homeowners with “implied warranties.” This means that even if your builder provides you with a written warranty you should still have warranties provided by law that protect you for periods longer than your written warranty. Builders often try to have you agree to forfeit the warranties provided by law, but there are ways we can fight back and you may still be able to rely on the warranties provided by law. In short, even if the written warranty provided by your builder expired, you should still consult an attorney because your builder may still be liable for problems in your home.
Call now to speak with someone about your construction defect claim for FREE. The initial consultation is completely confidential, no obligation, and at no cost to you. Call 843-720-2800 today. Our phones are answered day or night – 24/7/365 – and our legal staff is standing by to help you right now.
Other Construction Defect FAQs:
- How does South Carolina law protect home purchasers?
- How long do I have to file a suit against the developer or builder for my home?
- How long does a construction lawsuit last?
- How much will a construction lawsuit cost me?
- I did not purchase my home or condo directly from the builder. Do I still have a claim against the builder?
- If I sue my builder, can I continue living in my home or condo while the lawsuit is ongoing?
- If I sue my builder, will I have to go to court?
- If my warranty has expired, does that mean I no longer have a claim against the developer or contractors?
- If the builder or developer that sold me my home, townhome, or condo is no longer in business or is bankrupt, can I still recover for construction defects?
- Is arbitration mandatory?
- What are signs that foundation or settlement problems exist in my home?
- What are signs that problems exist in the walls of my home?
- What are signs that roof problems exist in my home?
- What are signs that water leak problems exist in my home?
- What are signs that window or window leak problems exist in my home?
- What are some of the potential construction problems in roofs?
- What are some of the potential construction problems in walls?
- What are some of the potential construction problems related to foundations, soil, and settlement?
- What are some of the potential construction problems related to windows and window leaks?
- What are some potential construction problems related to water leaks?
- What are the benefits and drawbacks of arbitration?
- What compensation can I get from a lawsuit for construction defects?
- What duty does a homeowner’s association have in relation to construction defects?
- What if the builder says there is no problem with my home?
- What is a class action?
- What is a construction defect?
- What is arbitration?
- What is flashing?
- What is mildew?
- What is mold?
- What is wood rot?
- What role do homeowner’s associations play in addressing construction defects?
- What should I do if I find a construction defect?
- Where does The Steinberg Law Firm handle construction cases?
- Who can sue for a problem in a townhome or condominium?
- Who is responsible and liable for a construction defect?
- Why do I need to hire a lawyer experienced in construction issues?
- Why should I worry about construction problems when my builder gave me a warranty?
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