My husband and I recently purchased a newly built condominium townhouse, which is now about 1.5 years old. We are the first owners. The neighbors upstairs moved in just a few months ago. Since then, we’ve been experiencing a significant issue with the ceiling above our bedroom, as it seems unusually thin. We can hear every footstep of the upstairs neighbours, and at times, even feel the vibrations of their movements. Additionally, in our ensuite bathroom, we can hear their conversations, though muffled. On one occasion, I was in the bathroom with the door closed lightly when the neighbors upstairs dropped something, causing the bathroom door to unexpectedly open.
We’ve raised these concerns multiple times with the builder, before the 1 year point, but they’ve responded that there’s nothing they can do. It’s gotten to the point that we are awoken by the walking upstairs and are losing sleep. Is there any legal action we can take against the builders?
Analysis Results
Main Legal Issues:
Breach of implied warranty of habitability
Nuisance
Potential breach of contract
Questions Answered:
Yes, there may be legal action you can take against the builders. The issue you are experiencing with the thin ceiling and noise disturbances from the upstairs neighbors could potentially constitute a breach of the implied warranty of habitability. This warranty ensures that a newly constructed home is fit for living and free from defects that would make it uninhabitable. The excessive noise and lack of soundproofing in your unit could be considered a breach of this warranty.
Additionally, the noise disturbances could also be considered a nuisance. A nuisance is an unreasonable interference with the use and enjoyment of your property. The constant noise from the upstairs neighbors impacting your sleep and daily activities could meet the criteria for a nuisance claim.
Lastly, there may be a potential breach of contract claim against the builders if the purchase agreement or any other contractual documents included provisions regarding the quality of construction, soundproofing, or noise insulation. If the builders failed to meet these contractual obligations, you may have grounds for legal action.
Potential Strategies:
Consult with a real estate attorney: A real estate attorney can review your purchase agreement, construction documents, and any other relevant contracts to determine the legal options available to you. They can advise you on the best course of action to take against the builders.
Document the noise disturbances: Keep a detailed record of the noise disturbances you are experiencing, including dates, times, and specific incidents. This documentation can serve as evidence in any potential legal proceedings.
Consider alternative dispute resolution: Before pursuing litigation, consider alternative dispute resolution methods such as mediation or arbitration. These methods can help resolve the issue more efficiently and cost-effectively.
Things to Discuss with a Lawyer:
Statute of limitations: Discuss with a lawyer the statute of limitations for filing a claim against the builders. It is crucial to understand the time limits within which legal action must be taken to protect your rights.
Remedies available: Understand the potential remedies available to you if you pursue legal action against the builders. Your lawyer can explain the possible outcomes and help you determine the best course of action.
Costs and fees: Discuss the costs and fees associated with pursuing legal action. Your lawyer can provide an estimate of the expenses involved and help you assess the financial implications of moving forward with a lawsuit.
Always consult with a lawyer.
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