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

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.