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Charleston Construction Defects Lawyer / Blog / Construction Defects / How Does the Law in South Carolina Protect Home Buyers from Construction Defects?

How Does the Law in South Carolina Protect Home Buyers from Construction Defects?


You have just purchased your dream home. The property includes everything you have ever wanted, and you are excited about settling into it. Then, you discover a construction defect that may possibly destroy the structure of your home, and affect its resale value. Fortunately, the law protects home purchasers from construction defects in a number of ways. Below, our Charleston construction defects lawyer explains further.

Sellers Must Guarantee a Habitable Home 

The first protection under the law is that all sellers of new homes, townhomes, and condos guarantee that the home is habitable, or fit to live in. The law recognizes that most people who purchase new homes are not architects, contractors, or engineers and as such, they are not able to evaluate the quality of any construction work done on a property. Sellers of new homes, however, make a business out of building and selling homes and so, they understand construction defects.

Under the law, when a home is unsuitable for living, sellers are liable to the homeowner. This is the case regardless of whether or not the seller could have done a better job when building the home.

Builders and Designers Must Guarantee Their Work 

Anyone involved in the construction of a detached home, townhome, or condo must guarantee that they performed their work sufficiently. All workers, from the architect who designed the property to subcontractors who provide the paint, must guarantee the homeowner that their work was done properly. If these parties did not perform their work properly, they must compensate the homeowner. Homeowners can recover compensation from an engineer, architect, contractor, or subcontractor for faulty design or faulty work.

Sellers Must Disclose Construction Defects 

Under the law, anyone who sells a detached home, townhome, or condo must inform purchasers of any construction defect within the home. Sellers must disclose this information regardless of whether the issue happened during the original construction of the home, or later.

For example, during the original construction of the home, electrical issues may have been present. The original homeowner may have tried to correct the problem over the years, using a construction company that caused another defect. Sellers must disclose all of these problems, even though some occurred during original construction and some did not.

Sellers usually disclose this information in a written statement. When sellers do not provide this disclosure, they are liable to the home purchaser for any damages caused by the construction defect.

Our Construction Defects Lawyer in Charleston Can Determine Liability 

Finding a construction defect in the home you were so excited to purchase is very frustrating. To add to this frustration, it is not always easy to determine who is at fault for the defect. At Fuller Law Firm, our Charleston construction defects lawyer  can determine liability and help you obtain the full and fair compensation you are entitled to. Call us now at 843-277-0013 or chat with us online to request a consultation and to learn more about how we can help.



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