Property defects can cause owners significant financial loss and worry. Eignatjón specializes in representing buyers and sellers when defects are discovered. We have decades of experience litigating property defect cases and often reach resolution without litigation.
What constitutes a property defect?
A property is considered defective if it does not meet the quality and equipment requirements set by law and the purchase agreement. A defect may also exist if the property does not match information provided by the seller.
- Moisture damage and mold
- Roof and foundation leaks
- Defective electrical or plumbing systems
- Structural defects
- Incorrect information about the property
Available remedies
Various remedies are available to buyers who discover defects. The appropriate remedy depends on the severity of the defect and the circumstances of the case.
- Right to withhold payment
- Demand for repairs
- Price reduction
- Damages
- Rescission of contract
Frequently Asked Questions
A property is considered defective if it does not meet the quality and equipment requirements set by law and the purchase agreement, or if it does not match the information the seller provided to the buyer. Examples include moisture damage, leaks, mold, and other construction defects.
Various remedies are available, such as exercise of right to withhold payment, demand for repairs, demand for price reduction, claim for damages, or rescission of contract. The appropriate remedy depends on the circumstances of each case.
It is important to act quickly. Notify the seller of the defect as soon as possible and gather documentation about the defect. Contact us to get an assessment of your situation and advice on next steps.
A complaint about a property defect must generally reach the seller within a reasonable time after the defect was discovered. If the seller's response is unsatisfactory, legal action must be taken within four years of delivery. It is important to act quickly.
Free Initial Consultation
Contact us for a free initial consultation where we assess your situation and explain your options.