Who can I sue if my house is a “lemon”?

Buying a home is a significant investment, and discovering that your dream house has hidden defects can be a nightmare. If you are stuck with a “lemon” house, you are not alone. Many homeowners have faced similar situations, and there are laws in place to protect your rights.

Who can you sue?

When your house turns out to be a “lemon,” several parties may be liable:

  • The seller
  • The builder or contractor
  • The real estate agent
  • The home inspector
  • The previous owner (in some cases)

Each of these parties has certain responsibilities under the law. For example, in Tennessee, sellers must disclose known material defects to potential buyers. If they fail to do so, they may be held liable for fraud or misrepresentation.

Builders and contractors also have legal obligations. They must adhere to building codes and industry standards. They may be responsible for the resulting defects if they cut corners or use substandard materials.

Real estate agents and home inspectors have a duty to exercise reasonable care in their professional capacities. If they fail to identify or disclose obvious defects, they may be liable for negligence.

Legal considerations when taking action

In Tennessee, the statute of limitations for construction defects is typically four years after the completion of the project. This means you must file your lawsuit within this timeframe to have a valid claim.

Tennessee also follows the “economic loss rule.” This rule limits the types of damages you can recover in certain cases. It is crucial to understand how this rule might affect your specific situation.

Another important factor is the concept of “caveat emptor” or “buyer beware.” This principle imposes some responsibility on the buyer to inspect the property before purchase, but it does not absolve sellers of their duty to disclose known defects.

Do not let a “lemon” house drain your resources and peace of mind. An attorney can provide the experience and skills to effectively address your property issues.

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FindLaw Network