what are a homeowner's rights against builder if new construction home is not up to code, MI real estate law

Mount Clemens, MI Viewed 449 times. Posted 11 months ago in Real Estate

New Construction Home not up to code: i live in Michigan and just purchased a brand new home built in 2006. I purchased it in august 2007. 16 months ago. In November one of my roofs. leaked causing damage to the inside of my home. Upon investigation by a professional it was determined the rooof was not installed to code. No ice paper, no vent and they nailed threw the seems. The city I purchased the home in signed the permit that the job had been done to code. In this city my home was only one of three new constuction homes built in 2006 so they had plenty of time to discover this blaten error. I called the city to get the builder info. The number was disconnected. So I hired a professional to do the work. One day I was searching online for the builder and found him. They came out to verify the damage. They wanted to fix it but I already signed the paper work with the new pro. I dont really want the original builder to do the work after seeing the job they did plus there poor standing with the BBB. Who can I sue to get the $800 dollars Im out a week before christmas

Answers (1)

Stefan J. Scholl

This attorney is licensed in Michigan. Posted 11 months ago.

A complaint may be filed against a licensed residential builder with the State of Michigan, but only within 18 months after a residential structure is completed, occupied or purchased, whichever occurs last. If you were the first purchaser from the builder, you would still have time to file a complaint with the State of Michigan for construction which is not up to code. You should contact the local building department of the State website for the proper complaint forms. Generally speaking, the local building department will inspect the work to determine whether it meets code. If the work does not meet code, the State should be willing to act on your complaint. The builder may be willing to fix the work, or pay to have it fixed, in order to avoid possible licensing sanctions. If you purchased the home from the builder, you may also be able to proceed against the builder for negligent construction and breach of the implied warranty of habitability. The builder may also be contractually liable for the defects under the terms of your purchase agreement and/or express warranties given to you, if any, in connection with the sale. Ordinarily, a building inspector is immune from liability for failing to discover construction defects. Therefore, you probably have no recourse against the building department for failure to discover the defective construction in question. Always contact a licensed attorney in your jurisdiction for specific legal advice applicable to your particular circumstances.

Stefan J. Scholl, P.C.