Picture yourself settling into your dream home only to discover that it is riddled with defects that make it nearly uninhabitable. This nightmare scenario is a reality for many homeowners.
What constitutes a ‘lemon’ home, and what can you do to seek justice?
What qualifies a home as a lemon?
A ‘lemon’ in the context of real estate does not necessarily equate to a complete disaster. It refers to a property with significant defects impacting its value, habitability or safety, such as:
- Cracks in walls, ceilings or foundations compromising the home’s structural integrity
- Water damage or leaks leading to mold growth, rotting or decay
- Electrical or plumbing issues posing a fire or shock hazard
- Roof defects causing water intrusion or compromising the home’s weather-tightness
- HVAC system failures leading to mold growth, inadequate ventilation or temperature control issues
- Defects in the installation of appliances, fixtures or materials rendering them inoperable or unsafe
Not all defects qualify a home as a lemon as minor issues or those arising from normal wear and tear typically do not meet the threshold. The key factors are the severity of the problem, its impact on the home’s value or livability and the cost of repairs.
What are your legal options?
If you suspect your home is a lemon, document all issues thoroughly. Take photos, keep repair estimates and record all communications with the seller, builder or real estate agents. Pursuing legal action may hinge upon this evidence.
Florida law allows homeowners up to four years to file a lawsuit for construction defects. This timeframe begins when you first discover or should have reasonably discovered the defect. In some cases, this period can extend up to 10 years after the completion of construction.
Suffering in silence with a defective home can further harm your case. Obtaining legal guidance is often the first step towards resolving the issues and getting the home you deserve.