Buying a home is not only a major purchase but also a major life event for those living in Texas and elsewhere. Thus, much thought goes into the process whether it is one’s first home purchase or not. Many questions get asked and much information is disclosed throughout the purchasing process. And based on the information obtained, a buyer then makes the choice to close on the house or not. Even when things appear to go smoothly at first, in time, the new homeowner could uncover issues and even defects. And when defects are material, it may be possible to take legal action.
According to recent reports, a couple in Houston filed a suit against Darling Homes of Texas after they discovered that their home had several construction defects. The couple alleges negligence, violation of the Deceptive Trade Practices Act, breach of express written warranties among other claims.
Based on the filing, the couple purchased the home in the spring of 2016. Soon after, they discovered that the house had several defects. This included water leaks, musty mold smells, issues with the HVAC system and other construction issues. They assert that any of the issues listed were not visible prior to their purchase.
They further claim that Darling Homes of Texas’s response to these issues and attempts to fix them were inadequate. In their lawsuit, the couple is seeking monetary relief between $200,000 and $1 million. They are also asking for interest and all other just relief for the construction defects of their home.
A construction defect can make a seemingly livable home uninhabitable. Such defects can come as a surprise, as it is possible to disguise them or cover them up. Thus, it is important to understand the nature of these defects and what relief could be sought in this real estate matter.
Being a new owner of a defective home may feel like you are trapped in a horrible situation; however, that is not the case. Whether you seek legal remedies to correct these defects or to essentially get out of this purchase, it is important to fully understand your rights and what steps you can take to protect them.