Legal Question in Real Estate Law in Massachusetts

Builder liability - new construction w/unpleasant odor

We recently purchased a newly constructed home. There has been an overwhelming odor that smells like gas. It has been brought to the builders attention numerous times, and so he put an extended ventilation pipe on the roof. We, at our own expense, have had an air quality test done. Which detected regular construction materials, however, we were advised that a much more detailed test needs to be done. What responsibility/liability would the builder have? Is he obligated to pay for all or any part of these tests? Also- if we decide to take him to court -under what circumstances should we present our claim (ie - house uninhabitable due to odor etc). The odor is so severe that neighbors will not visit longer than they have to. The home is under a one year warranty - what steps should we take at this point?


Asked on 8/11/04, 10:13 am

1 Answer from Attorneys

Re: Builder liability - new construction w/unpleasant odor

There is no simple answer to your question, in part it depends upon your Purchase and Sale Agreement. You should contact the attorney who assisted you with the purchase. If you did not use an attorney, you should contact one to review your purchase and sale agreement and any warranties that were given thereunder.

Check your agreement for notice provisions and assert the new home warranty obligations by statute in MA (assumes the house is less than a year old). You should notify the Builder that the problem is persisting and that he has not solved the problem. Do this in writing by certified mail and regular mail.

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Answered on 8/12/04, 4:18 pm


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