Dear Mr. Azrael:
My wife and I bought a house in August 1996. In early 2000, we noticed our floor next to the front door was rotting away. Then we noticed the bottom metal part of the door also was sinking. I went to the basement to check for water damage.
I observed that about 9 inches of the floor was rotten. I called the builder to complain about the front door leaking and they said that it was over a year and that they wouldn't do anything for us. I called the home warranty [company] which came with the house, but they said since the water came from the outside, it would not cover it.
My wife and I decided to replace the front door and when the old door was taken out, we discovered that there was no flashing any where around the door.
According to our contractor, the door was poorly installed. About five other families are having the same trouble. I would like to know what our rights are as a homeowner. This problem should not be happening with new homes. Brian R. May New Windsor
Dear Mr. May:
Maryland law protects new-home buyers with an implied warranty that the house is free from faulty materials, constructed according to sound engineering standards, constructed in a workman-like manner and fit for habitation.
Installing an exterior door without flashing certainly seems to meet the test. Flashing would be required to prevent outside air and water from penetrating the door frame.
Unfortunately, it is too late to assert warranty claims. The defect must occur within one year after the home is delivered to the original purchaser. Any legal action for breach of implied warranty must be filed within two years after the defect was discovered or should have been discovered or within two years after the expiration of the warranty, whichever occurs first. Since the implied warranty expired in August 1997, any cause of action for breach of implied warranty has expired.
You may still have rights and remedies, however. Your home warranty may cover this defect. The warranty company's denial of coverage because "the water came from the outside" doesn't pass the smell test. You should read the warranty booklet and revisit this issue with the warranty company.
You may have rights against the contractor or subcontractor that installed the door. The installer may be liable to you for negligence in failing to use standard building practices.
If you can't resolve the matter with your home warranty company, you should see a lawyer.
