Real Estate Attorney recommendations, Metro Phoenix

[Saguaro19]

Originally Posted by Burning Madolf

There was a construction defect law signed a few years back. At the time, it was about having to go back to the builder before suing. I haven't followed it since (my HOA had an issue then and it was brought up) but I'd start there. This is what a quick search found:
Arizona’s New Construction Defect Law is Effective the Summer of 2015 | Jaburg Wilk


I did look into real estate lawyers here a few years back and they are not as prevalent as in other states.

Wow! Thank you very much for that link....I will read it in a few moments.

Thank you again!

[Saguaro19]

Originally Posted by ShampooBanana

How big a builder is this? The really big national builders all have their own in-house counsel that handle all these types of issues/lawsuits and are extremely well versed in what they are and aren't truly liable for. Maybe you have something but it better be very well documented. Every e-mail correspondence, every phone call logged, every letter, pictures of the issues, second hand opinion from 3rd party inspectors...everything. I know some RE attorney's but they more handle entitlements/zoning/property rights type issues and not construction defects. I think Gammage & Burnham has a practice on construction litigation, though. I'd check in with them as they are a very good firm and locally based.

BIG builder....national. And, as all national builders, they are building very quickly all over the state of AZ. I'm working on getting everything together. I will put the attorney you mentioned on my list to contact.

Thank you very much!

[Saguaro19]

Originally Posted by Kate2345

Not to be discouraging to anyone but a point to be made: residential construction defects are not like personal accident injuries or medical malpractice where there are huge rewards to be recovered and therefore an endless supply of contingency lawyers and plenty of money to go around in the end. Even if contingency We’re talking what? $5k to $50k rewards based on the lessor of cost to repair or diminished value and that 1/3 lawyer cut is going to STING. Because that’s before they deduct various “costs” like expensive experts. And the rewards are so small that if you’re thinking from a lawyers point of view you want only “class actions” where you negatiate a 500k settlement for the whole hood, take your $150k and send everyone a $500 check after huge expenses are deducted , 3 years later, in the meantime they can’t sell easily because it’s tied up in litigation. That’s why I think ROC or BBB is a better route. JMO. But I do really feel for Saguaro. Houses are such a huge investment, cheating people in this way is so wrong. Just saying that lawyers can’t necessarily make it right. But your experience might be different. It’d probably be useful to hear form a person who had a good outcome suing a builder. Maybe post that on the general forum here?
Is your builder in the BBB? With a good rating? Are you still under warranty?

Builder is not accredited by the BBB, but has a A+ rating with them. 19 complaints in last 3 years, 3 closed within last year. With that kind of record, I'm not sure how they have an A+ rating, but.... Home is almost 2 years old; however, they are still doing the 1 year warranty repairs.

[Saguaro19]

Originally Posted by JGMotorsport64

I take it you work for OPs home builder? Breach of contract is one of the causes of action that are pursued and when you assert that your attorneys fees may be recoverable. Construction defect is one of the largest practice areas in Phoenixs legal market.

OP Construction defect lawsuits are commonplace in Arizona. Doubtful for a class action but if your neighbors are banding together (as they often do) then you might have something. What actually happens is homeowners band together and sue the home builder. Home builder settles and then goes after the subcontractors for what the home builder paid to the home owners.

The real negative of joining these defect groups is that you have to disclose it, but the defects will also show up on a home inspection report.

Do you have an HOA OP? If so, it’s common for HOA lawyers to be plaintiffs construction defect lawyers. In fact, it’s probably the most common way these lawsuits happen. Are you talking to your neighbors? If you’re serious about pursuing this that’s the way to go. If you want to go solo, what you want is an attorney that practices construction defect, not real estate law.

I'm ok, not having it turn into a class action, to be honest. I believe there are many other homes in our new development with this same issue and I will put it out but not until I'm on the track to getting my house done. You're correct, I would have to disclose this defect to potential buyers in the future (I've already spoken to our real estate agent about it) so that's a major concern for us. If the builder is not willing to disassemble the home to fix the issue then the home may be unsaleable later on. I don't believe there is an easy fix after speaking to a structural engineer about it.

Yes, we have an HOA; however, at this time, the builder is the board.

Good idea about construction defect attorney...thanks for that, as well.

[Kate2345]

From my generally unknowing point of view, disclosure to a buyer is a minor to moderate issue. Every piece of real property is saleable. Every piece of real property has disclosures, and they are written in boring dispassionate language. For me a bigger issue would be tying it up in litigation. That would be a major issue for selling. But if you don’t want to sell— go get ‘em. Absolutely hold them accountable however you have to do it. I guess the lesson here it to have new builds inspected before purchase (even that’s no guarantee.) sorry for what you’re going through Saguaro.

[Hal Roach]

Michael Bosco is a top real estate attorney in Phoenix. www.tblaw.com

[ShampooBanana]

I hear Bob Loblaw has a good practice, as well. He has his own blog (simply called "Bob Loblaw's Law Blog) and has been known to lob law bombs on occasion. Look him up!

[Saguaro19]

Originally Posted by Hal Roach

Michael Bosco is a top real estate attorney in Phoenix. www.tblaw.com

Thank you. I will check him out!

[smoochaz]

Originally Posted by Saguaro19

Thank you. I would appreciate any assistance you can provide. Viewing home's plans this week, as well. They are "copyrighted" so cannot get copy of it. We don't seem to have any environmental or settling issues, the 2nd story appears to have been built defectively...how it passed the builder's inspection or the city's inspection is beyond me! The home is just under 2 years old...builder is STILL doing the one year warranty issues.

Thank you!

Hi Saguaro - sorry for the delay - I just emailed you structural engineers and attorney referrals. Sounds like you are working towards a solution however so that's great! Keep us posted!