So i bought a new build house in 2023 im active duty military. my whole house was built wrong, the builder didnt build my house correctly or he hired the wrong people. theres a lot to this story and i need my story heard. my house flooded due to the plumber not putting a pressure release valve in the guest bedroom. 65k worth of damages, my HVAC system is too small for my house, its 2300 sqft and it doesnt cool my house. something is wrong with it. its 78 degrees in my house when its pushing 90 outside. i am at wits end with the city of portsmouth i just need help
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please let me know what i should do
Hello! My name is Dolan and thank you so much for contacting me! I just had a few quick questions for you: Did this build come with a warranty at all? Do you know for how long the warranty lasted? I may have to pick this up tomorrow morning, but I'll be right there for you!
so the warranty only lasted a year so it expired last year of march
but the HVAC system according to a estimate i got from a reputable company smileys heating and cooling they said its not up to code and shouldve never passed inspection as per the city of Portsmouth
i have a estimate from them saying it would cost 15-35k to replace the system. when i try to sell my house it will never sell because of the work done to it. theres flood is repaired but it shouldve never happened on my house. im not sure if i should sue for emotional distress or for the work actually not being up to code
Hi Danielle, I'm so sorry about that! When did you first notice this was a problem? Was this within the warranty period? What state is this in again?
hello! im sorry yes it was during the warranty period but im active duty as previously stated. i was on a combat deployment and just got back but we had work ups
this is VA
i gave the responsibility to my mom but the guy that did the work wasn’t answering only because i couldnt message anyone while deploying and during the underways
Ok got it! So in your case you have a cause of action for a breach of warranty. Basically, they warrant that they would perform work as expectd and with an express warranty, the law express warranty, the law allows you to sue for their failure to honor it even though the warranty period has lapsed That's the short answer. Here is the long answer: A warranty is an agreement and applies regardless of whether the agreement was written or done orally. Typically, the aggrieved party is entitled to be returned to the same position they were in before the breach. You have some options you can explore: The quicker, informal option is to send a demand for performance. For this, they seem to be ignoring you, but consider a demand letter. I have a template one for you that I have uploaded If you have already sent a bunch of letters, then the truth is this is the only way to compel them to do anything is to sue. I don’t have any specific contacts; however, I can do the next best thing. One thing I recommend is going through your state’s lawyer referral service (LRS). The LRS typically only lists experienced attorneys who have adequate staffing to assist people. https://vlrs.community.lawyer/ You can find a consumer protection lawyer to assist. A lot of the times, it's just a matter of knowing what your rights are under the law and not lletting this go.