Defective Home Construction Laws
Homeowner's Lemon Laws
Patricia Linn
September 11, 2010
Technically, the term "lemon law" refers to legislation designed to protect buyers of new automobiles found to have irreparable defects caused by the manufacturer. Lemon laws(formally, the Magnusson Moss Act) can be used to force the manufacturer to return the full purchase price to the consumer and take the car back. Many states have consumer protection laws for homes and home products that work much like the Lemon Law Act.
Defective Home Construction Laws
State-by-state laws protecting consumers from shoddy home construction vary, but most states offersome recourse to the homeowner. Unfortunately the homeowner almost always has to take their case to court as a lawsuit, or even a class action suit if the builder has a number of unhappy homeowners at the same time. In Colorado, for example, the Construction Defect Law specifies that there are four specific areas of home construction subject to the regulations and recourse it covers: soil problems such as settling and erosion that damage the construction, workmanship from framing to plumbing, substandard and defective materials and inadequate design. A disgruntled homeowner in the state may receive an extension of a one-year home warranty while his attorney builds a case against the builder, engineer, architect and subcontractor(s)--or any combination thereof--which may result in the homeowner receiving monetary compensation for repairs or relocation.
Renter Protection Legislation
It's possible for unsuspecting renters to acquire a rental home that has problems such as mold, plumbing and electrical issues, even malfunctioning or non-functioning appliances. In New York City, for example, the Department of Health will inspect a rental unit upon request of the tenant and determine if it is mold-free. If it is not, the health department can require the landlord perform mold abatement or allow the tenant out of their lease and condemn the unit or the entire building. Massachusetts has what is essentially a renter's bill of rights ensuring repairs that need to be made are made, and that lead abatement has been performed prior to occupancy. These laws apply even if the rental property is in foreclosure.
Appliances, Computers and Other Durable Items
Some of the home appliances that might be covered by your state's lemon laws include washer/dryer units, refrigerators and stoves, saunas and whirlpool tubs, outdoor grills, computers and even your home entertainment center. California's civil code, for example, forces appliance retailers to post their return policies; if you purchase a new appliance and it is defective or malfunctions, you can return it for a full refund within the parameters of the retailer's return or warranty policies. If you suspect your purchase is a lemon and the return deadline has passed, provide the retailer with copies of the repair and maintenance records for the item; if they do not willingly repair, replace or refund the purchase price, you may contact the California Department of Consumer Affairs for guidance. You may have to take the manufacturer or retailer to small claims court and sue them for damages under California law. Most states have consumer protection policies very similar to California's.
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