Warranties and Rights of Action

            For most individuals, the purchase of a new house or condominium unit is the largest investment that they will have ever made.  Moreover, that investment is also a home and place of refuge and relaxation that they share with family and friends.  Few things, therefore, have the potential to be more disturbing than the discovery of construction defect issues that diminish both the enjoyment of the home and its value.  For that reason, new home purchasers in Maryland are afforded various protections in the form of statutory warranties.  They also may receive specific warranties from the seller as part of their purchase agreement.  Additionally, homebuyers may have other statutory and common law rights of action that arise as a result of construction deficiencies.  However, none of these possible remedies provides a certain or easy path to relief.  All such claims are governed by strict statutes of limitations that require considerable diligence or order to preserve the intended benefits.  Pursuing claims is also an expensive and often protracted process that, in addition to the retention of capable legal counsel, also requires the involvement of building consultants who can identify defects, recommend repairs, and offer opinion evidence to support the claim.

In response to various comments and questions some of you have been kind enough to share on this blog, I am going to be authoring a series of posts that address some of these issues, as they relate to condominium and new home warranties, homeowner association warranties, seller’s warranties, contract claims,  and common law causes of action.  These matters will be addressed from the standpoint of both associations and individual owners.  In the meantime, if there are any issues along these lines that are of particular interest, please feel free to send a comment.

2 Comments


  1. I have a question. I lived in a unit for years before the unit next to mine was purchased. Unfortunately the neighboring unit’s HVAC was placed against the wall in my bedroom, which gives a horrible droning sound. I complained to the developer and they SUPPOSEDLY had the builder fix the problem by doing things to the neighboring unit. When I asked what was done they would not tell me and said to speak to the neighbor, which we all know was to mislead me. So here we are in the winter season and the droning has started again. What type of attorney would I go to in order to possibly file a lawsuit?


    1. You first need to be mindful of whether your unit is still under warranty. Also, your cause of action accrued when you first experienced the problem, so the statute of limitations on your claim has been running since then. You need an attorney who is experienced in condominium defect litigation to analyze your claim and protect your interests.

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