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  1. #1
    Join Date
    Sep 2004

    Default Owner-Builder's Liability For a Construction Defect

    We need help! We bought a home seven months ago in Utah and since the rain has now started, the windows are leaking terribly. After roofers, window professionals, etc. doing inspections, we have now found out we have an EIFS stucco system on the home that was installed in 1999 without the home being wrapped with Tyvex or any other material. The stucco people say that this leaking problem would have gone on for years and the previous homeowner would have had to have known about it. There is evidence that they have attempted to silicone around the outside of the windows. The seller was an owner builder. Can't they be held liable not only for non-disclosure but also the fact that they took on the liability of acting as their own general contractor? Also, can't we hold the home inspector who didn't pick up on this liable? Please help!

  2. #2
    Join Date
    Mar 2005

    Default Bad Home Inspection

    You have a possible product liablity claim for the defective installation of the EIFS stucco system - that's something you should discuss with a local lawyer.

    We provide some information about choosing a home inspector - if you selected your inspector (as is typically the case) it is possible for the failure of a home inspector to detect a problem will be held against you, not the seller, and it is possible that your contract with the inspector limits your remedies. So you will have to review that contract, and you may need to consult a lawyer about whether any terms limiting liability or damages are enforceable.

    Beyond that, if you can demonstrate a discrepancy between the seller's representations about the condition of the property and the actual condition of the property, you should be able to pursue a remedy against the seller.

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