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do i have recourse post-sale regarding unsafe windows?

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jaluca

Junior Member
What is the name of your state (only U.S. law)? PA
I'm a 1st-time buyer as of 2 months ago. Appearance of the house was great. In the previous several months' frenzy of getting my debt-to-income ratio low enough for my lender, I put my trust as for the intricate condition of the house in my PHFA appraiser. That's unlike me as I have a BS in criminal justice. Sadly, the windows are in an unsafe condition: w\o conscious care, they slam shut. Last week, one smshed my cell phone, & another caught 2 of my fingers at the top of its frame, last night. There are up to 24 windows in this condition. I have experience building litigation & cultivating rapport within legal communities. Can anyone tell me what recourse I my have, referencing codes & past litigation?
 


xylene

Senior Member
How did you phone get broken?

These windows sound like windows in most houses I have ever lived in that were not brand new replacement windows....
 

justalayman

Senior Member
If these are not new windows, you have no recourse against anybody but possibly your inspector. If they are new windows, there may possibly be a product liability issue or maybe nothing more than a warranty issue.

For the first situation; refer to your contract

If a product liability issue; speak with a lawyer. Product liability litigation is generally not easy nor cheap. Without much in the line of damages, you would have very little justification to bother with regarding a product liability issue though.

If a warranty issue; without knowing the reason for the problem, the damages could be quite minimal such as a repair of some sort or as much as complete replacement of the windows. More information would is needed.
 

jaluca

Junior Member
Ugh. I only paid for the appraisal, not an inspection, as money was tight before my purchase. Is my only option to confront the appraiser?
 

justalayman

Senior Member
Ugh. I only paid for the appraisal, not an inspection, as money was tight before my purchase. Is my only option to confront the appraiser?
sorry about that. I thought is said inspector.

No, the appraiser has no liability here.
 

nextwife

Senior Member
Good grief. On older homes, the sash cords DISINTEGRATE over time. That is why there are some very simple fixes out there for windows like that.

Have you even gone to a window store to see what options exist? I did, and you can get a tension metal piece that sets with little grips inside the track. The grips grab the track, and the bent metal piece creates tension in the track space, it was super easy to install, and I did the whole house for under $20. Made the house in compliance with tough county rent assistance requirements so my rent assistance tenant could move in. Have you tried anything like that BEFORE talking litigation for a common issue in older homes?

If you want to be a homeonwer you need to seek out and learn the best local resources for various fixes your house may need. This is part of being a homeowner. Learn where the closest shop that carries used windows and window parts for older windows may be in your area.
 
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OHRoadwarrior

Senior Member
Welcome to the world of home ownership. You buy a new one, it settles and stuff cracks after the warranty is over. You buy an older one and you need to learn how to do home repairs. Whether you do the job yourself or hire a contractor, you need to take the time to learn what needs done to correctly, to solve problems in the most cost effective manner.

PM nextwife for any future questions. (ROFL)
 

ecmst12

Senior Member
You didn't get an inspection. Your bad. You also didn't get a warrenty. Also your bad. Enjoy your new home!
 

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