The Lemon Law is a proposed law that
will provide a method for a homeower to return his new home to the builder
for a complete refund IF the home has a major structural defect, and the
builder cannot or refuses to repair this defect.
How does a home qualify?
The home must have a major structural
defect. And the homeowner MUST provide the builder an opportunity to fix
the defect. The builder has 3 chances to correct the problem. If the problem
persists, or if the builder refuses to repair the defect, the homeowner
can apply for the lemon law.
Who determines if the home qualifies?
If the major structural defect is still
not corrected after three attempts, the homeowner can apply with the Real
Estate Inspectors. They will determine if the house qualifies, and if it
does, the builder must buy the home back.
How much money will the homeowner make out of
this deal?
Nothing. They walk away completely whole
as they walked into the deal. Nothing more than what they put into the
home. No triple damages. No punitive damages. No nothing. Just what they
put into the house.
Does this require the use of an attorney?
No. Not at all.
Wouldn't this law just make the attorneys richer?
See the answer above.
Does this cover every problem with the house?
No, only major structural defects.
Won't this just hurt the smaller builders?
No. It will not hurt ANY builder who
builds a quality home. For those who build a lemon, it doesn't cost them
a cent, since they get the home back and can resell it. It doesn't cost
them attorney fees since they don't need one.
Has this law been used before?
This is the first time a law has been
suggested, but homebuilders have, in the past, bought back homes because
of defects that they would not fix. We have prime "Poster Homes" in many
different cities that show why a lemon law is needed.
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