Celebrating 10 years! 2007-2017

Can she sue for poor stucco?

A house was built last year at the end of my street. Exteri canon8307/03/17
I believe her claim would fall under the new home warranty. isthisit07/03/17
Ugh, yeah this. Residential property litigation is a fool's sjlawyer07/04/17
This. Damages are also difficult to ascertain and prove up. mrtor07/05/17
Also, check for the availability of any implied warranty cla specv31307/04/17
Self-help can work in these cases, especially if the contrac quantamacro07/05/17
canon83 (Jul 3, 2017 - 9:21 pm)

A house was built last year at the end of my street. Exterior is a mix of bricks and stucco. The stucco has water stains and is losing its color after just one year. The buyer has asked me if she can sue. I have zero litigation/property/construction law experience. Anyone know what her rights are in the state of NJ?

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isthisit (Jul 3, 2017 - 10:29 pm)

I believe her claim would fall under the new home warranty.

Check the: New Home Warranty and Builders’ Registration Act.

Also: http://www.state.nj.us/dca/divisions/codes/offices/nhw_for_consumers.html

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sjlawyer (Jul 4, 2017 - 1:04 pm)

Ugh, yeah this. Residential property litigation is a fool's errand. There are viable claims, but most claims are smallish and make paying a lawyer hard, even if just up front costs with a CFA claim. Good luck.

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mrtor (Jul 5, 2017 - 4:12 pm)

This. Damages are also difficult to ascertain and prove up. Even a mildly contested litigation will likely exceed the costs of repair.

She's better off accepting that most home builders cut corners to stay competitive and offer low prices. She got what she paid for.

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specv313 (Jul 4, 2017 - 7:11 pm)

Also, check for the availability of any implied warranty claims.

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quantamacro (Jul 5, 2017 - 4:15 pm)

Self-help can work in these cases, especially if the contractor does a lot of business by referral. Bad online reviews and/or BBB complaints go a long way sometimes.

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