Nashville City Paper

Something new, someone blue

By Richard Courtney

…attorney Jean Harrison – A typical case involves a homeowner who has had the house three years or so and has a number of problems with it, but the alleged 'one year warranty' has expired. In actual practice, the one-year warranty has very little to do with a builder's obligation to make repairs.

“…favorite Jean Harrison quote is, "If your house passed codes, it means it got a D -."

Nashville City Paper

Something new, someone blue

By Richard Courtney

October 15, 2004

A friend recently purchased a used automobile that he later found to be defective. After three trips to the dealership, and having been told the car was irreparable, he decided to return the machine and get a refund. The dealership, which was located in another city, would not refund the entire sales price even though he had driven the car only a few weeks. He was so frustrated that he decided to cut his losses and sold the car back to the dealership losing several thousand dollars in the process.

If the car had been a house, he could have called attorney Jean Harrison who has a remedy before the financial blood is let. A large part of her law practice involves representing new construction homebuyers.

Many buyers make the decision to purchase new homes so that there will be maintenance or repairs for several years and because they like the feel of something new. In several cases each year, the houses are seemingly in the same situation as my pal's car. In spite of repeated attempts to repair the problem, the conditions remain unsatisfactory.

"I hear the laments of new homeowners everyday." Harrison said. "A typical case involves a homeowner who has had the house three years or so and has a number of problems with it, but the alleged 'one year warranty' has expired.

"In actual practice, the one-year warranty has very little to do with a builder's obligation to make repairs. State law creates a four-year time period in which all claims for defective construction must be brought in court. The time period generally runs from the time the home was substantially completed.

"Translation: when the local codes jurisdiction grants a certificate of occupancy for the home the home was 'substantially completed.' This time period can be modified by contract, but as a general rule, call codes and find out when your house was deemed by law to be 'substantially completed.' After this four-year period runs, you are forever barred from pursuing a claim against your builder with very limited exceptions. It is not four years from when you discover the defect - it's four years total."

This is important because if the roof begins to leak in the third year of occupancy, and the owner argues with the builder for over a year, the owner has no legal recourse.

Harrison suggests homeowners keep a running diary of all communication with the builder and that the complaints should be in writing and sent certified return receipt. This paper trail will make the case easier should the case go to court.

"Get your own engineer's or architect's report and/or have a reputable home inspector come take a look at your problem, even if the builder sends an expert out to review the problem. You need your own advocate, not someone working for the builder," she added.

It is also wise to contact the codes department so that they can examine the problem and determine whether the issue with the home is, in fact, a codes violation. If the situation is, in fact, a codes violation, the codes official should demand that the builder make the repair. Filing a complaint with the Tennessee Board for Licensing Contractors is also a good idea.

However, there is a way to recover the monies they lost. Now if Jean Harrison would craft her practice to include automobiles.

Richard Courtney is a real estate broker with Fridrich and Clark Realty. He can be reached at 320-4728. His favorite Jean Harrison quote is, "If your house passed codes, it means it got a D -."