Expert: Jessica Bryan - 10/17/2007

Question
Nearly 3 years ago, I purchased a just built condo unit from a law firm.  I was the first resident of that unit and was very excited not just in purchasing my first home, but a brand new one.  

About a year passed without incident.  I kept everything in tip top shape, being especially cautious since everything was so new.   

That was when the first rain storm hit my neighborhood, causing an immense leak in the bedroom area.  Since I did not leave my windows or doors open, nor damage any other part of my condo, I could only say that leak was there from before I ever moved in.  I just didn't know it at the time because the imperceptible leaks had been concealed so well when I first looked at the bare rooms.

It turned out that some other condo owners in my building had the same problem, complaining about leaks that occurred during heavy storms.  After much fussing, the law firm that sold us our units came right out and said what happened: that the builders they hired to make our condominium had used shortcuts and made a faulty structure and some of the rooms would be affected.  Unfortunately the original builders went bankrupt soon after they built our building, so going after them would seem to be futile.  

In the meantime, to make amends, the firm said they would pay another company to come and do the necessary repairs to the leaks the other builders had left.  Unfortunately, this is little more than just pasting band-aids on; there's no guarantee that anything will actually be "fixed".  What has happened for the past year is that the repairmen come in when I say another my place has leaked.  They do some work on the condo.  Some weeks go by where I think everything is okay.  Then another storm hits me, and the place fills with water again.

After about the fourth attempt by the repair people, I'm guessing this is really just trial and error, where I've been made an unwilling test subject.  If anyone really knew what the problem was, why not get it right the first time?  It has been over a year since I reported my first leak (a MAJOR problem, I stressed to the condo association president).  The carpet that was damaged from that first leak still has not been replaced because, according to the repairmen, they can't replace it until they're absolutely sure it won't leak again.  But since it's clear they don't know themselves the source of the leak, who knows when this will ever happen?

I still feel as if my place can fill up with water anytime, even if my carpet were to be restored.  I feel especially livid since none of this is my fault or negligence; all I did was move in.  What really gets me is that a lot of time had passed since I first moved in where I had no problems at all, which leaves just enough time for the firm to escape the "probationary period" where the home seller still has accountability for the home he sold.

I suppose it is nice for the law firm to keep paying the repairmen to fix our condo units, but in essence, it's really not doing much good.  They keep saying they're doing the best they can, but their best is clearly not good enough.  I'm really not interested in making money from anyone or that they should redo my place so that it's better than before; I just want the same new functioning unit that I originally paid for!

I get the vibe that they're doing this because it's "the nice thing to do", when in reality my gut tells me they should feel obligated to make amends because they had the nerve to sell us damaged goods.  

I plan on talking to the law firm next week.  My question is this: what clout or leverage, legal or otherwise, do I the home owner have when trying to talk to the seller about this problem, something that can expedite a solution, besides just plain human decency? (which sadly hasn't been enough)  I appreciate your help.

Answer
Dear Augusto;
My suggestion is to go to an attorney to discuss your problem and see what he/she suggests.  You are past your warranty period but you may be able to go after the seller if you can prove that they had knowledge of shoddy construction that would have caused problems.  Since the construction company is no longer in business there is no recourse there.  

Good luck,
Jessica Bryan