Real Estate Law


The American Dream comprises many things, but owning a home has always sat at the top of our dreamer wish list. However, some home buying dreams turn into nightmares. Mary Ann Welter reminds us of the myriad pitfalls that await home buyers.

Mary Ann and her husband Gary bought a recently renovated four-bedroom home in one of the inner communities that surround the city of Denver, Colorado. After signing all of the required legal paperwork and moving into their dream home, the Welters immediately noticed “Home Sweet Home” was not a reference to their new abode. “We saw mold along the baseboards of two rooms and dust falling from the ceiling in the living room. We hired an independent contractor to see if we had serious construction problems and he confirmed we did.”

Construction laws vary among the states, but one thing remains constant: You need an accomplished real estate lawyer to help you deal with home construction issues.

An Overview of Home Construction Defects

When you make the decision to purchase a home, you have to understand the fundamental principles of maintaining your real estate investment. From detecting dangerous infrastructure failures to understanding how the presence of toxic mold affects the health of your family, homeowners have a lot on their plates to minimize home construction issues. A licensed real estate attorney will help you grasp the basics of home construction laws, with an emphasis on making sure you receive just compensation under home construction liability statutes.


How to Deal with Home Construction Defects

The most effective way to deal with home construction defects is to be proactive by performing a meticulous inspection, before you sign the contract that makes a home yours to own. A thorough inspection alerts you to defects that diminish the value of your real estate investment or worse, adversely impacts the health of you and your family. Most states place a time limit for filing construction defect claims. If you fail to file a construction defect claim within the state mandated period, you end up footing the bill for most home construction issues. Some states mandate that serious home construction issues are exempt from the statute of limitations, such as homeowners who discover serious material defects during a home renovation project performed years after the purchase of a home.

Types of Home Construction Defects

The countless number of home construction issues represents minor maintenance issues and major structural overalls that cost homeowners thousands of dollars. Home construction defects derive from poor designs and planning, as well as shoddy construction and inspections.

Here are some common home construction issues:

  • Concrete foundation cracks
  • Inferior building materials
  • Lack of insulation
  • Soil that expands and cracks a home’s foundation
  • Inadequate roofing materials
  • Moisture accumulation
  • Faulty electrical wire installation
  • Plumbing breakdown

The Health Dangers of Toxic Mold

The poor construction of your home can lead to an increase in moisture that creates the ideal environment for toxic mold to grow. Some types of mold that include black mold are highly toxic and in many cases, make homes unlivable. Homeowner negligence also contributes to the development of toxic mold, which places the legal responsibility of proving home construction negligence on homeowners. An experienced real estate attorney helps you prove the development of toxic mold was caused by poor home design, defective building materials, or subpar craftsmanship.

Proving a home construction defect claim requires the legal representation of a licensed, experienced real estate attorney.  You have too much money on the line to perform home construction liability actions on your own.

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