Right To Repair Act

In California, we have Civil Code 896 et seq, also known as the Right To Repair Act. The Act requires a homeowner to give the builder a chance to repair before the homeowner can sue the developer for construction defects, assuming the developer complies with the Act (this is an entirely separate and lengthy discussion). Once the developer gets notice of the defects, he can inspect and make an offer to repair or settle.

If the developer offers to repair, he cannot get a relase from the homeowner. Thus, the homeowner can still sue the developer. In fact, the homeowner may have additional claims after the repairs have been made 1) original defects and 2) defective repair work.

If the developer offers a cash settlement instead of offering to make repairs, he can obtain a release, assuming the homeowner is willing to accept the cash offer.

In essence, there are pros and cons to both approaches. Repairs may be cheaper for the developer, but may not get you out of a lawsuit. Cash may be more expensive up front but, may get you out of a lawsuit.

I am attorney Robert A. Von Esch IV. I handle construction defect, contractor disputes, and real estate matters. If you need asssistance in these areas, please do not hesitate to contact me via www.voneschlaw.com.