A few months after settlement we discovered moisture damage in the walls and a poorly built deck that is not properly attached. The seller said the house was sold as is. Can we claim against the seller or the builder, and how long do we have?
Sold as is clauses do not necessarily protect a seller who made false statements or concealed problems. Under the Contract and Commercial Law Act 2017, if you were induced to buy by a misrepresentation, you may cancel or claim damages, and the Fair Trading Act 1986 can apply if the seller was in trade or the agent misled you. For defective building work, the Building Act 2004 makes builders, and sometimes the council that issued the code compliance certificate, potentially liable for defects, and claims can generally be brought within ten years of the relevant work or certificate. Get a building report from an independent expert, keep records and photographs, and notify the seller, builder and your insurer in writing. Take legal advice quickly, as delays can complicate evidence and limitation issues.
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