San Antonio, Texas Construction Defect Lawyers | Frequently Asked Questions

My home is experience cracking and other signs of foundation movement. The builder says that these problems are “normal”. Is there such a thing as “normal” foundation movement?

Builders and others routinely tell homeowners that the typical indications of foundation movement and damage – sheetrock cracks, cracks in the brick/stucco, racking of doors and windows, etc. are “normal”. While the construction industry has recognized tolerances of “acceptable” foundation movement, in my opinion in many cases the resulting damage is not “normal”. If you see signs of foundation movement, you should consult a professional immediately so that your case can be evaluated.

Are there time limits that may bar my claim if it is not filed by a particular date?

This is an important question – especially if you are dealing with the builder on your own. Generally speaking, claims are governed by either a two or four year statute of limitations; in other words, you may have to file your lawsuit or claim within two or four years (depending on the particular legal theory) to preserve your rights against the builder or others. In many cases, when the two or four year period commences is not clear; therefore, it is important that you consult with a lawyer as soon as possible to determine your rights when you notice problems or defects with your home, so that you are not exposed to a statute of limitations defense later. You should be particularly concerned if the builder or others continue to make repeated promises of repair but it appears to you that the repairs are inadequate or the process is dragging out for an extended period of time.

I did not purchase the home directly from the builder – do I have any rights?

This is an interesting question in Texas law. Generally, in my opinion as a subsequent purchaser you may have rights to bring claims against the builder and others for defects. As with all claims, it is important that you consult with an attorney as soon as possible after you discover defects so that your rights can be determined.

I have been dealing with the builder regarding repairs for some time but am unhappy with those repairs. Even though I have put the builder on notice of the problems, do I have to provide, prior to filing a lawsuit or claim, yet another notice?

This may be one of the most frustrating areas for homeowners. The Residential Construction Liability Act (RCLA) will probably have applicability to your claim – this law requires that pre-suit notice identifying in reasonable detail the defects you claim be transmitted to the builder prior to the commencement of suit. While your previous correspondence may comply with this law, most attorneys will probably decide to send another notice in order to make sure that notices comply with the requirements of the RCLA. In some situations, the RCLA allows the builder, despite having dealt with the defects/problems for a considerable amount of time in the past, an opportunity to make an offer of settlement..

If you have defects in your home or you need help in dealing with a home builder, contact the Law Office of Bryan A Woods at 210-824-3278 to schedule a confidential legal consultation!

Frequently Asked Questions about Real Estate Litigation and Property Disputes

As a buyer, does my real estate agent really represent me even though his or her commission may be paid by the seller?

Great question!  Usually “buyer’s agents” have buyers sign what is called a “Buyer’s Representation Agreement”. Typically, this agreement states that the agent represents the buyer, irrespective of the fact that the commission may be paid by the seller. The agent-buyer relationship includes a fiduciary duty owed by the agent to you, the principal – one of the highest duties imposed in the law. Among other obligations, your real estate agent owes you a duty to be “scrupulous and meticulous” in the transaction. Though most real estate agents are honest, in some situations buyer’s agents overlook that they owe a fiduciary duty to the buyer and instead focus on their own interests – usually, being paid a commission. If you believe your agent lost sight of his or her obligations to you and instead became more interested in obtaining a commission, give the law offices of Bryan A. Woods a call!

Should I allow my real estate agent to steer me to a particular inspector?

Another good question. Many buyers do not realize that inspectors may be categorized in the real estate industry into two categories: “realtor friendly” inspectors, and “deal killers”. Most real estate agents know that if the inspector chosen is in the latter category (“deal killer”), the likelihood that the transaction does not close, and thus a commission 
will not be paid, increases. As a buyer, typically you are interested in obtaining a thorough and unbiased assessment of the property by an honest, knowledgeable inspector – not an inspection performed by an inspector whose primary interest is pleasing the real estate agent in order to gain referrals in the future. Many people do not know that a significant amount of business inspectors receive is from real agent referrals!  Avoid allowing a real estate agent to steer you to a particular inspector – instead, ask third parties that are not connected to the transaction, or perform your own research, to locate an inspector that best fits your needs. Further, since a thorough, honest and unbiased inspector can save you thousands of dollars in repair costs in the future, and the resulting misery, when choosing your inspector it may be wise to put more weight on the qualifications and experience of the inspector and less on the amount of the fee charged – saving a few hundred dollars when making a major investment in a home may look like a poor decision later when you are burdened with thousands of dollars of unanticipated repairs!

I recently purchased my home and I feel the seller misrepresented or failed to disclose material information. What should I do?

Unfortunately, misrepresentations or non-disclosure, generically known as real estate fraud, happens. If you believe that a seller or others misrepresented a home or property, or failed to disclose material information, you should seek professional assistance as soon as possible. Sources of information that may provide an indication of a seller’s prior knowledge include neighbors, building permits, tax protest records, insurance claim history and other sources.

If you are involved in a complex real estate dispute or real estate litigation involving Texas property, you need an experienced, knowledgeable and dedicated real estate litigation attorney to assist you.  Contact the Law Offices of Bryan A Woods at 210-824-3278 to click below to schedule a confidential legal consultation!