Hamilton, AL asked in Civil Litigation and Contracts for Tennessee

Q: I have a land contract with a private seller. Do I have recourse for damages due to poor workmanship?

I had an emergency situation when the hot water heater burst causing flooding and damages to the hardwood floors, the sub floors, and the tile floor adding up to over thousands of dollars in repairs. Upon inspection it was noted that the water heater which was installed when the house was built by the lien holder was definitely improperly installed since it did not have the proper drainage part attached to the outside as indicated on the installation instructions.

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1 Lawyer Answer
Mr. James Charles Wright
Mr. James Charles Wright
  • Knoxville, TN
  • Licensed in Tennessee

A: You are describing an owner/ builder financed house you have purchased. Hopefully you obtained homeowners insurance. You should first report this loss to your insurer. The insurer should more promptly deal with repairs than a lawsuit or claim against a third party.

As to a claim against the builder /owner lender, this will depend on your contract. Did you purchase the house "as is"?

Did you have a time period to do a home inspection that would have revealed this defect? You may have a claim but - again it will depend on the documents.

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