What Can I Do If My Illinois Builder Won’t Honor Its Warranty?
When a builder refuses to honor a warranty in Illinois, it can be both frustrating and legally complicated. Illinois law provides specific protections for homeowners who face issues with newly constructed homes, and builders are often required to fix certain defects under warranty. A builder’s warranty is supposed to give homeowners peace of mind by making sure all major construction defects are repaired without additional cost to the homeowner. Unfortunately, not all builders honor their obligations under these warranties, and when this happens, homeowners are left wondering what their next steps should be.
Under Illinois law, builder warranties can’t be waived or excluded by contract unless explicitly stated and acknowledged by both parties. If a builder refuses to honor this warranty, Illinois law offers several remedies to homeowners. Taking legal action may be necessary to ensure that the builder upholds their end of the bargain, and a construction defect lawsuitcould result in compensation for repairs or damages, providing you with the reassurance that the law is on your side.
Understanding Builder Warranties In Illinois
Builder warranties in Illinois can cover a range of issues, but they typically focus on structural defects, faulty materials, and poor workmanship. A common statute cited in Illinois builder warranty cases is the Implied Warranty of Habitability, which covers the basic elements of a home necessary for it to be considered habitable. The Implied Warranty ensures that the home is free from significant defects that would make it unsafe or unlivable. In addition to the implied warranty, builders may offer express warranties, which are written agreements outlining specific issues the builder agrees to fix within a given timeframe.
Illinois courts have consistently upheld the Implied Warranty of Habitability. Under this legal doctrine, the builder has a responsibility to address major defects that affect the habitability of the home. This includes issues such as foundation problems, water intrusion, electrical failures, or severe structural defects. If these defects are present and the builder refuses to fix them, you may be able to file a claim.
What To Do When A Builder Refuses To Honor The Warranty
When a builder doesn’t honor a warranty, the first step is to review the terms of your warranty agreement carefully. Most express warranties will provide specific timelines for repairs and detail what is covered. If you believe the issue is covered and the builder is refusing to act, you may need to send a formal demand letter outlining the issue and requesting immediate action.
If the builder still refuses to comply, homeowners may be able to file a lawsuit based on a breach of the builder’s warranty or under the Implied Warranty of Habitability. Depending on the circumstances, you could recover the cost of repairs, diminished property value, or even compensation for damages caused by the defects. Illinois courts have recognized that builders must provide habitable homes, and when they fail to do so, homeowners are entitled to remedies under the law.
Working With An Attorney
Given the legal complexities of builder warranty disputes, seeking legal advice is highly recommended. An attorney experienced in Illinois construction law can help you understand your rights under the law, evaluate the strength of your case, and represent you in court if necessary. Especially when dealing with large defects that affect the safety or value of your home, securing legal representation early in the process can make a significant difference.
At Keller Law Group, LLC, we represent clients in DuPage County and throughout Illinois in builder warranty disputes. If your builder refuses to honor its warranty, don’t wait to act. Call our office to learn more about your options for holding the builder accountable.
Home Building Warranty Frequently Asked Questions
Can A Builder Refuse To Honor The Warranty?
Builders may attempt to refuse warranty claims by arguing that the issue falls outside the scope of the warranty or was caused by homeowner negligence. However, under Illinois law, builders are required to honor the Implied Warranty of Habitability, which cannot be easily waived. If a builder refuses to honor a valid warranty claim, legal action may be necessary.
What Is The Implied Warranty Of Habitability?
The Implied Warranty of Habitability is a legal doctrine in Illinois that ensures new homes are free from significant defects that affect their livability. This warranty cannot be waived unless explicitly agreed to by both the builder and the homeowner. If a builder fails to honor this warranty, homeowners can pursue legal remedies.
How Long Does An Illinois Builder Warranty Last?
The length of a builder warranty can vary depending on the terms of the express warranty. Typically, builder warranties last between one and ten years, with longer warranties covering major structural defects. The Implied Warranty of Habitability generally applies for a reasonable period after the completion of the home, though courts have sometimes enforced it for several years.
What Should I Do If My Builder Refuses To Fix A Defect?
If your builder refuses to fix a defect covered under the warranty, you should first document the problem and notify the builder in writing. If the builder still won’t comply, you may need to take legal action to enforce the warranty. An attorney can help you determine the best course of action and whether litigation is necessary.
Contact Our DuPage County Builder Warranty Lawsuit Attorney For Legal Help
If you’re dealing with a builder who refuses to honor their warranty, it’s important to take action as soon as possible. At Keller Law Group, LLC, we are here to help. Our firm represents clients in Chicago and throughout Illinois in builder warranty disputes. Contact our DuPage County builder warranty lawsuit attorney at Keller Law Group by calling 630-868-3093 to receive an initial consultation. Don’t let your builder get away with neglecting their responsibilities—let us help you get the resolution you deserve.