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FREQUENTLY ASKED QUESTIONS

How Do I Know If My Home Suffers From Defects?

If you have any type of water intrusion into your home, such as from roofs, windows or doors, chances are that those components were installed improperly. Excessive cracking of stucco, drywall or concrete is also typical of defective construction. Plumbing leaks are a very common complaint as well.

 

How Do I Calculate The Statute Of Limitations?

The easiest way is to count back ten years from the current date. If your home/property was built before that date (more than ten years ago), you may be out of luck. Also, if you notified the developer more than three years ago of a particular defect, that could be problematic as well. The best way to figure it out is to call or e-mail us. We can quickly determine it for you.

 

Can I File A Claim If I Am Not The Original Owner?

Yes. Ninety-nine percent of the time we will able to represent you against the Developer regardless of whether or not you are the original owner. The best way to answer this question is to call or e-mail us. We can quickly advise you.

 

What If The Developer Continues To Make Repairs?

We tell our clients that if the developer is making proper, permanent repairs, let them continue to do so. However, it is critical that the repairs are proper and permanent. If you are not sure if their repair is an adequate one, give us a call or send us an e-mail. We will advise of what to do.

 

What If The Developer Refuses To Make Repairs?

All to often, homeowners get a negative response from the developer. We advise our clients to keep a written record of their requests to make repairs and log any conversations with the builder. Very often there is not much you can do to force the builder to make repairs other than filing a claim. If they absolutely refuse to make any repairs, give us a call or send us an text/e-mail. Every situation is different.

What Will It Cost Me To Retain Your Firm?

It will cost you nothing upfront. We take our fees and subtract costs advanced when the case settles or a judgement is obtained.

Who Pays For The Experts?

We advance the fees of the experts and subtract that number from the gross settlement when the case settles.

 

If I File A Lawsuit, What Happens If I Decide To Sell My House?

If you sell your home, you can either retain your rights or assign your rights in the lawsuit to the new buyer. Claim dismissal may also be an option.

 

If I Do Sell, What Do I Have To Disclose To The New Buyer?

Any time you sell your home, lawsuit or no lawsuit, you need to disclose the known defects and issues with the house.

 

If I Live In a HOA, Who Is The Plaintiff?

The Plaintiff is the Association and the Association’s Board of Directors retains us.

Does A Board Of Directors In A HOA Need The Member’s Permission To File A Claim?

Usually, no. The Board of Directors is responsible for acting in the best interest of the association members. If that means filing a claim to protect the members’ interests, they almost always have the authority to do so under the CC& R’s. However, we do advise Boards to keep the homeowners in the loop at all times.

 

How Hard Is It To Refinance My Home During Pending Litigation?

There has been so much construction defect litigation over the last ten years or so that banks understand the construction defect litigation process and realize that it can be beneficial to the homeowner as well as the banks interest in the home. We typically help in the process by advising the bank of the situation and working with them to achieve a favorable resolution. We would estimate that 98% of homes in our cases have no significant problem refinancing.

 

How Long Will The Lawsuit Take?

Our claims usually take between twelve and eighteen months.

Do I Make Repairs During The Pendancy Of The Lawsuit?

We ask that you don’t make repairs unless the repair is an “emergency” (i.e. an active roof leak) or life-safety is an issue.