Editorial: Protect buyers, not builders, on defects

Friday, April 11, 2003 | 5:46 a.m.

WEEKEND EDITION: April 13, 2003

Many defects in new homes are immediately obvious and buyers spot them during the walk-through just before signing their purchase agreements. Some defects, however, such as leaky roofs, can take a long time to discover. That's why we oppose Assembly Bill 373, which affects countertops, fireplaces, roofs, windows and other manufactured products builders install at new homes. The bill would make defects in these products exempt from lawsuits after one year of ownership. The bill would also shorten the time -- from 10 years to four -- for lawsuits regarding plumbing, electrical and sewer-system defects, and defects in driveways, patios and other major construction features. The bill should be shelved because it would deprive homeowners of their rights to due process.

Insurance companies say the bill is needed because they are not making any money, because of the amount of defect lawsuits. They should not be talking to the Legislature about limiting the rights of buyers, however. They should be talking to builders about improving their standards.

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