Real Estate: Do I have a small claims case, or a superior court case? Just the builder, or builder and real esate agent?

Lawsuits And Disputes 14 views 2 answers
Washington state, Snohomish county. We bought a newly constructed home. The builder gave us a warranty book and claimed it as his own (I cannot prove that he made this claim). The company behind the warranty book have never heard of the builder. The builder refused to acknowledge or repair a major drainage issue in the backyard. The builder also refused to acknowledge or repair a minor defect, the doorbell doesn't work - instead of DING-DONG it goes THunk. We hired a lawyer after several months of trying to deal with him. The lawyer sent a few letters and had a few meetings with us for a total of about $1200.00. The builder didn't respond to any of the letters. We hired a contractor to make the needed fix and while he was there we had him do some other landscaping. Total we

Attorney Answers

2
Jean Bouffard ·
If the builder is a contractor and not just a developer, then the builder will have a bond as required by state law. You will want to sue in Superior Court, which is required to attach the contractor's bond no matter the amount. Builder's can have cash flow problems that cause them to avoid doing repair work. That is also why the builder would refuse to respond to demand letters from an attorney. You'll need a court judgment to have any chance of collecting on the bond or establishing a judgment lien on any of the builder's other properties.
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Shawn Alexander ·
I agree with the previous answer and suggest you get written estimates of the actual repairs and then go see a lawyer and see what your options are. It sounds like you will be attaching the bond. Good Luck
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