If my mother bought a manufactured home 7 years ago and poor construction as resulted in a massive mold problem, can she sue the manufacturer?

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If my mother bought a manufactured home 7 years ago and poor construction as resulted in a massive mold problem, can she sue the manufacturer?

The home is rapped in plastic which has allowed water to form, rotting the sheathing and floor. Black mold has now grown over the entire house. It’s even spread inside the house making everyone sick since last fall. Is she just out of luck?

Asked on April 14, 2012 under Real Estate Law, New York

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 12 years ago | Contributor

Unfortunately, your mother is probably out of luck. There is something called a "statute of limitations," which is the time period during which a lawsuit must be brought. If the statute expires, legal action may no longer be taken. Suits against a builder or manufacturer for construction defects are governed by the statute of limations for breach of contract, which is only 6 years in New York.


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