New Law Means Less Time To Sue For Construction Defects
On July 1, 2024, the grace period that allowed homeowners and homeowners’ associations (HOAs) in Florida to file suit against builders over construction defects for up to 10 years ran out. Now, a law passed in 2023 comes into effect, lowering that window of time to only 7 years. This may not seem like a particularly significant change, but to those who uncover defects in their homes, it can make the difference between being able to seek money damages and being left out in the proverbial cold.
Why Shorten The Time Frame?
According to industry insiders, the legislature chose to enact this measure to help lure insurance companies back to Florida after their mass exodus of the last few years. There are several different reasons why insurers chose to bow out of Florida, among them the increased danger of hurricane claims and heavy litigation costs – but of course, Floridians need insurance in many areas of their lives. The lowering of the grace period is meant to be a ‘carrot’ for insurers who choose to return, but it has the very real possibility of putting innocent homeowners in difficult positions.
While many defects in homes are either readily apparent or disclosed by the seller at the time of closing, it is not uncommon for a dwelling to have problems of which neither the buyer nor seller are aware. For example, rotted wood in window frames or porches will sometimes go undetected for years – and with this law, a homeowner who discovers the rot long after purchasing the home may be out of luck in a legal sense. Even if someone chooses to hire an engineer to inspect the home before going through with the sale, this can take time and cost money.
What Are My Options?
If you find yourself in a situation where you have a claim against a builder over alleged defects, it is crucial that you act fast – even faster now. It is important to keep in mind that the new law changes the time at which the statute of repose can be triggered. Historically, only the completion of the sale contract and/or possession taken by the buyer would trigger the statute; now, merely a certificate of occupancy will start the proverbial ball rolling, among other things. All claims, no matter what, are barred after seven years.
If you believe that you have enough time to file a claim, you need an attorney who is experienced in these types of cases – someone who treats you as a person instead of a case number, and who understands the small details that can sometimes torpedo these types of cases. A plaintiff who files suit against an allegedly negligent defendant is seeking to be made whole, and when there is a time limit involved, the stakes are raised even higher.
Call A Tampa Real Estate Attorney
If you are in the process of purchasing a home in Florida, or you own a home in a Florida HOA, it is a good idea to have your property vetted if it was not done during the sale. A Tampa real estate attorney from the Seward Law Office can help to answer any questions you may have about the new law, and about your options going forward. Contact our office today at 813-252-6789 to schedule a consultation.
Source:
flsenate.gov/Laws/Statutes/2024/0095.11
