QUESTION
TCA § 62-6-103 my seller broke this law by renting to others and then selling to me before the two year requirement that they must not do so.
Asked on May 14th, 2016 on Construction Law - Tennessee
More details to this question:
The seller of the home I bought built our home without a license which is legal by TCA § 62-6-103. The problem is that this law requires you to not sell or rent the home for a period of two years. Well they sold it to me after only a little over 1 year and now I'm left with a house that house a laundry list of problems. What can we do to take recourse against them? They also sign a notarized affidavit with sumner county stating they would abide by this law and not sell or rent within 2 years
1 ANSWER
Let me start by saying that I am not an expert in the area of contracting law. You did not say if the seller is a contractor who builds houses or just an individual who built his own home and then sold it to you. Most contractors who build houses will provide a warranty of some kind. I did go to the statute that you cited in your question. My reading of the statute and the annotations is that this statute is intended to address the issue of when a contractor is allowed to recover its expenses when the issue of whether it is licensed or not licensed and it sets monetary statutory limits for those. I do not read the statute to say that it has to keep the house for two years before it can sell the house.
Answered on May 15th, 2016 at 5:33 AM