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Melissa Brumback


Melissa Dewey Brumback       
Ragsdale Liggett PLLC     
2840 Plaza Place, Suite 400    
Raleigh, North Carolina 27612    
Direct Dial:  919-881-2214    
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Twitter: @MelissaBrumback
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  1. Brad Baker permalink

    Hi Melissa,

    I have read some of your articles and had a question regarding statute of repose. We purchased a home with a basement that had been professionally waterproofed by a national company in 1988. The company offers a FULL lifetime warranty, regardless of ownership. I have the original warranty signed by them. There are no exclusions or exceptions. They are very open about how this warranty adheres to the Magnuson Moss warranty act and they will “clean up the water and repair any damages” if a leak should ever occur. They even state that since they have been in business since 1958, if your system was put in 50 years ago, you would still be covered today. Now, their system failed and flooded my basement about 20 years after if was installed. They maintain they are not liable due to statue of repose that absolves them of any liability in North Carolina after just 6 years. This seems like a strange contradiction. Do you think this a legitimate defense for them, or do I have a case to pursue? Thanks for any insight you might have. Brad

    • Hi Brad. Sounds like you may possibly have a case; I’d have to see the exact language of the warranty. However, if they voluntarily agree to a longer period of claims (i.e., lifetime warranty) I think an argument could be made that they are estopped from asserting any statutory defense such as the statute of repose. I assume you are in NC? If you like, send me the wararnty and I can give it a quick purusal.

  2. jennifer permalink

    Dear Mrs Dewey Brumback,

    I’m at a loss at this point and hope you can help. My husband and I purchased our home back on the 21 of December, 2005. We had a home inspection in October of 2006, right before our 1 year warranty was up. During the inspection the wall under the sliding glass door where the deck connects to was found to be rotting. A few weeks later the builder came over himself to repair the issue. My husband and I are not contractors and have no real sense of building codes or practices. He told us he fixed it. Back in June we had a routine pest inspection in which the wall was found to be rotting again, along with the other wall that the deck connects to. I was unable to locate the builder and sought out his son, who is a fellow builder. He refused to give me his fathers info and told me that his father had gone out of business. I was specifically told that we did not have the 10 year structural warranty through bonded builders. In desperation I have been calling everyone I could possibly think to call. As well as his son, again. I have since found that we do have the warranty. However it will not cover the damage given that it is a water intrusion issue. I have also located the builder who told me, the deckers did indeed neglect to put the metal flashing behind the walls when the deck was originally built. He said that he did repair the wall under the slider but neglected to repair the additional wall that the deck connects to. He says he will fix the other side but not the side under the slider given he feels his repairs were done to specification and the water is coming from else where. I know the repairs are extensive and he is not going to do what needs to be done to repair the problem for good. We need help!!

    Lost in Sanford

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