Full question:
I purchased a newly constructed home in December 2009. It is still under the one year warranty. It has had one problem after another. Leaks, faulty pipes, air conditioning problems, nearly every month something is wrong. Is there the equivalent of a lemon law for a home? I am miserable and hate this home. I have it on the market but there is now another problem and I'm wondering what my rights are. My children hate the home and as a newly single mother of four, I'm concerned now one may want to go live with his father due to the continued problems. He doesn't feel safe. Is there any option for me to get out of this home other than reselling? Please help!
- Category: Real Property
- Subcategory: Sales
- Date:
- State: Texas
Answer:
Texas does not have a lemon law for homes, but your situation may be covered by warranty and contract law. A breach of warranty occurs when a seller fails to fulfill a promise about a property. Warranties can be express (clearly stated in writing) or implied (assumed by law). Even if the seller didn’t make explicit promises, you may still have some legal protection.
Express warranties are created by specific statements or promises made by the seller regarding the property. If the seller misrepresented the home's condition, you might have a claim for breach of warranty. Implied warranties provide protection even without explicit promises. In Texas, warranties are governed by contract law, and your rights will depend on the terms of your purchase agreement and any warranties provided.
If you are facing ongoing defects, review your warranty documents and the terms of your contract. You may have grounds for legal action based on the defects you have experienced. Remedies for breach of contract could include monetary damages, rescission (canceling the contract), or specific performance (forcing the seller to fulfill their obligations).
In Texas, construction defect disputes may also be subject to arbitration as per § 436.003 of the Texas Property Code. Additionally, the manufacturer's warranty for new homes, outlined in § 1201.351 of the Texas Occupations Code, ensures that the home is built according to standards and free from defects for at least one year after installation.
For specific guidance, consider consulting a legal professional who specializes in real estate or contract law. They can help you understand your options and rights in this situation.
This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.