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What to do about construction defects in your new Florida home

You finally purchased your new home, moved in and are enjoying yourself, only to find that there are defects you were not aware of. If you discover faults within your newly purchased home caused by sloppy building or workmanship, you may be able to sue the builder for construction defects.

Before you begin litigation, it is important to understand your rights as a homeowner and how construction defect laws in Florida work.

You have the right to a fit and working home

Florida home buyers such as yourself deserve a promise of quality from the builder, otherwise known as an implied warranty of fitness. This ensures that your home should be habitable and work for all intended purposes. For example, water must come out of the faucet, and the roof should not have any leaks. Unfortunately, builders may sometimes cut corners on materials to the detriment of the fitness of your new home.

Check to see if you have a written warranty

There is legal precedent in Florida case law that applies builder warranties regardless of whether they are in the written contract. However, it does help to have one. A warranty document offers clarity on specific details, such as how long the warranty applies to construction or what the builder must fix. If you do not have a written warranty, do not lose hope. A court or mediator may help figure your rights as a new homeowner.

Follow procedures and meet deadlines

There are necessary steps to follow before you can bring a construction defect lawsuit against the builder. For example, you need to notify the builder of defects you find within a reasonable time frame and provide a chance to fix them. In most cases, homeowners must give the builder a written notice 60 days before filing a lawsuit.

The laws governing procedures and deadlines are complex, and if you do not follow them correctly, you might not succeed with a lawsuit. It is best for you to contact a real estate attorney for assistance.

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