Who is Liable for Construction Defects?

by Isaac Benmergui, Esq on January 30, 2015

Who is liable for construction defects?Its exciting to buy new construction, whether it’s a home, condo or co-op. You get to be the first person ever to live in your home, and you likely got to pick out everything. It’s your perfect place. But after the excitement has worn off, you might start looking at things a bit more critically. In some cases, the issues may not even show up for years after you’ve owned your home. So, who is liable when you discover construction defects in your new home, and what can you do about it if you find them?

Construction defects can be caused by a number of things: site selection, soil preparation, engineering, construction errors, or defective materials. Most of these issues aren’t going to be visible inside or outside the home. Instead, there may be problems that arise as a result of these problems. Mold, leakage, cracks, dry rot, drainage issues, heating or electrical problems can all be symptomatic of construction defects.

In court, construction defects are either patent or latent, meaning that they are either immediately apparent, or don’t become obvious until later. An attorney will generally use an expert trained in identifying and explaining these kinds of defects in order to make a case. If you recover damages in your case, you can be compensated for the cost of repairs, any costs associated with injuries that arose from the defects, cost of temporary housing during repairs, and sometimes even attorney’s fees as well. You can also be compensated for the decline in your home’s value due to the defect as well.

Call Miami Real Estate Lawyer Isaac Benmergui at 305.397.8547 and set up a no charge, no obligation consultation to discuss your case. We have close to 10 years of experience handling Real Estate, Personal Injury, Immigration and Commercial Litigation cases throughout Miami and South Florida, and will use our expertise to help your case to the best of our abilities.

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Private Land-Use Restrictions

by Isaac Benmergui, Esq on January 29, 2015

Private land use restrictionsZoning laws began to be commonplace in the United States around 1930. Following World War II, individuals and families began moving out of the cities and into the suburbs. Today, Federal, state and local governments help guide and regulate regional development through the use of statutory law. While zoning is dictated by government entities, land use restrictions come from the land developers. These restrictions come in a variety of forms:

  • Defeasible fees – This occurs when a grantor gives land to a grantee based on specific conditions. If the grantee violates the conditions, the land reverts back to the grantor. An example could be if an estate left land to a city on the condition that it serve as a park.
  • Easements – An easement is an agreement to let another entity have rights to a certain use of your land on a permanent basis, without them owning the land. Easements allow utility company and other public services to access their lines and equipment, even when it’s on private property. Easements can be bought and sold.
  • Equitible servitudes – An equitable servitude occurs when a covenant is included in the deed of purchased land, either restricting it’s use or sale. Most often, a declaration of restrictions is recorded with the land and passed on to each subsequent owner through a reference in the deed.
  • Restrictive covenants – A restrictive covenant limits the use of private property through restrictions in the deed itself. These are often used by developers to guide construction of a neighborhood, such as in home size or setback lines.

Call Miami Real Estate Lawyer Isaac Benmergui at 305.397.8547 and set up a no charge, no obligation consultation to discuss your case. We have close to 10 years of experience handling Real Estate, Personal Injury, Immigration and Commercial Litigation cases throughout Miami and South Florida, and will use our expertise to help your case to the best of our abilities.

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Stand Your Ground Explained

January 28, 2015

 Stand Your Ground explainedHomeowners are not usually liable for the injuries of trespassers on their property, unless they set traps, create hazard conditions on the property when they are aware of trespassing activity, or take drastic steps to protect property, such as using deadly force. So where do Florida’s stand your ground laws fit into the discussion on trespassing?

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Types of Zoning

January 27, 2015

Types of zoningZoning is the way in which a city or state organizes land use in a way that promotes safety, security, and the health and well being of residents. If you’re a property owner, zoning limits the ways in which you can use your land depending on where it’s located.

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How Can I Get Around Zoning Laws?

January 26, 2015

How Can I Get Around Zoning Laws?Zoning is regulation of land use for the purpose of urban planning. Without zoning, an individual could buy land in the middle of a neighborhood and open a grocery store, office complex, or gas station. Zoning helps organize a city or town into places to live, places to shop, and places to conduct business. Most of the time these regulations are in place when you buy your property. But what happens when a zoning ordinance is passed or changed after you buy your property? There are a few ways to counteract zoning changes to your property.

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