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Do I have legal recourse against the manufacturer of a home that has had hidden defects?

Ravena, NY |
Filed under: Defective housing

We purchased a newly manufactured home and took delivery in 2002. We, the reseller, and the appropriate local officials all inspected it, and saw no visible defects at that time. However, it turns out that the roof was constructed incorrectly, and has been soaking through since then. We first became aware of the problem in 2010 when the roof became saturated enough to allow water into the house proper. The manufacturer was contacted immediately, and indicated that they would take care of the problem as long as we followed the proper procedure (send samples to the manufacturer, have one of their approved contractors survey the damage and work up an estimate, etc.). Now that we have jumped through all their hoops, they have changed their minds and now refuse to acknowledge any wrongdoing.

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Attorney answers 3


You need to look at the warranty information. I would also suggest that you contact a local attorney for a free initial consultation. Review the facts with the attorney and determine you best options.


Given the time frame from building until the damage, you need to consult the warranty. Secondly, you need to talk with a local attorney ASAP about a breach of contract case.

Good luck.

DISCLAIMER: David J. McCormick is licensed to practice law in the State of Wisconsin and this answer is being provided for informational purposes only because the laws of your jurisdiction may differ. This answer based on general legal principles and is not intended for the purpose of providing specific legal advice or opinions. Under no circumstances does this answer constitute the establishment of an attorney-client relationship.


Since you are a reseller, I assume you have an ongoing business selling these types of homes. I suggest that you contact your business attorney about the possibility of filing suit under a breach of contract or breach of warranty theory or perhaps others.

Legal Disclaimer:

If this information has been helpful, please indicate below.

Mr. Lundeen is licensed to practice law in Florida and Vermont. The response herein is not legal advice and does not create an attorney/client relationship. The response is in the form of legal education and is intended to provide general information about the matter within the question. Oftentimes the question does not include significant and important facts and timelines that, if known, could significantly change the reply and make it unsuitable. Mr. Lundeen strongly advises the questioner to confer with an attorney in your state in order to ensure proper advice is received.

Lars A. Lundeen

Lars A. Lundeen


If you are not a "reseller" but rather purchased this home for your own use, I suggest that you contact a local business attorney or realty attorney who has handled warranty claims in the past.

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