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No Protection For Seller Of Self-built Home Statutes Of Limitation

Monday, May 03, 2004 01:00 pm

No Protection For Seller Of Self-built Home Statutes Of Limitation

An Oregon court has ruled that a homeowner's action for negligent construction, brought against the original homeowner who had built the house, was not barred by a ten-year statute of repose. There can be no date of substantial completion - as that term is used in the statute - for a self-built home, so the statutory period was never triggered.

Miles Schlesinger built a house for his own family. He filed a "notice of completion' on May 30, 1989, triggering a 75-day period for the perfection of any possible mechanic's liens. Schlesinger and his family moved into the house the following month and lived there until [...]

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