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Perry Homes Lawsuits: What You Need to Know

Perry Homes is a large private homebuilder headquartered in Houston, Texas. It has been in business for over 50 years and has built over 50,000 homes in Texas and surrounding states.

Perry Homes has been involved in a number of lawsuits over the years, alleging everything from construction defects to deceptive trade practices. Some of the most notable Perry Homes lawsuits include:

  • Perry Homes v. Carns (2004): In this case, the Texas Supreme Court ruled that Perry Homes’ warranty did not preempt the homeowner’s claims under the Texas Deceptive Trade Practices Act (DTPA). The homeowner had sued Perry Homes after discovering that his new home was built on a filled-in wetland and was subject to flooding.
  • LaTouche v. Perry Homes (2019): In this case, the Texas Court of Appeals held that Perry Homes was not liable for construction defects in a home that was built more than four years before the homeowners discovered the defects. The court found that the homeowners’ claims were barred by the statute of repose, which limits the amount of time that homeowners can file claims for construction defects.
  • Porter Residents File Lawsuit Against Perry Homes (2021): In this case, a group of homeowners in Porter, Texas, sued Perry Homes after their homes flooded due to heavy rains. The homeowners alleged that Perry Homes had defectively constructed the drainage system in their subdivision, which caused the flooding.

These are just a few examples of the Perry Homes lawsuits that have been filed in recent years. It is important to note that Perry Homes has denied all of the allegations made in these lawsuits.

What are the most common allegations made in Perry Homes lawsuits?

The most common allegations made in Perry Homes lawsuits include:

  • Construction defects, such as faulty foundations, leaky roofs, and defective wiring.
  • Deceptive trade practices, such as misrepresenting the condition of homes or the terms of contracts.
  • Breach of warranty, such as failing to repair or replace defective materials or workmanship.

What should I do if I am thinking about filing a lawsuit against Perry Homes?

If you are thinking about filing a lawsuit against Perry Homes, it is important to consult with an experienced attorney to discuss your case. An attorney can help you to determine whether you have a valid claim and can assist you with the legal process.

Conclusion

Perry Homes has been involved in a number of lawsuits over the years, alleging everything from construction defects to deceptive trade practices. If you are thinking about filing a lawsuit against Perry Homes, it is important to consult with an experienced attorney to discuss your case.

FAQs

Q: What is the statute of limitations for filing a lawsuit against Perry Homes in Texas?

A: The statute of limitations for filing a lawsuit against Perry Homes in Texas varies depending on the type of claim. For example, homeowners have two years to file claims for construction defects and four years to file claims for deceptive trade practices.

Q: What is the discovery rule?

A: The discovery rule is a legal doctrine that delays the start of the statute of limitations until the plaintiff discovers the injury that is the basis of the lawsuit. This can be important in cases involving construction defects, as it can take years for homeowners to discover hidden defects in their homes.

Q: What is the burden of proof in a Perry Homes lawsuit?

A: In a Perry Homes lawsuit, the plaintiff has the burden of proving that Perry Homes is liable for the plaintiff’s damages. This means that the plaintiff must present evidence to show that Perry Homes breached a duty to the plaintiff and that this breach caused the plaintiff’s damages.

Q: What are the damages that I can recover in a Perry Homes lawsuit?

A: The damages that you can recover in a Perry Homes lawsuit will vary depending on the facts of your case. However, common types of damages that homeowners recover in Perry Homes lawsuits include:

  • The cost of repairing or replacing defective materials or workmanship.

Q: What are the advantages and disadvantages of filing a lawsuit against Perry Homes?

A: The main advantage of filing a lawsuit against Perry Homes is that you may be able to recover damages for your losses. However, there are also some disadvantages to filing a lawsuit, including:

  • The legal process can be complex and time-consuming.
  • Lawsuits can be expensive, even if you win your case.
  • There is no guarantee that you will win your case, even if you have a strong claim.

Q: What are some alternatives to filing a lawsuit against Perry Homes?

A: Some alternatives to filing a lawsuit against Perry Homes include:

  • Filing a complaint with the Texas Department of Licensing and Regulation.
  • Filing a complaint with the Better Business Bureau.
  • Trying to resolve the dispute with Perry Homes directly through mediation or arbitration.

Q: What should I do if I am unhappy with my Perry Homes home?

A: If you are unhappy with your Perry Homes home, the first step is to try to resolve the issue directly with Perry Homes. You can contact Perry Homes’ customer service department to discuss your concerns and try to reach a resolution.

If you are unable to resolve the issue with Perry Homes directly, you may want to consider filing a complaint with the Texas Department of Licensing and Regulation or the Better Business Bureau. You may also want to consider trying to resolve the dispute through mediation or arbitration.

If you are considering filing a lawsuit against Perry Homes, it is important to consult with an experienced attorney to discuss your case. An attorney can help you to determine whether you have a valid claim and can assist you with the legal process.

References

  • Perry Homes v. Carns (2004): https://casetext.com/case/perry-homes-v-carns
  • LaTouche v. Perry Homes (2019): https://casetext.com/case/latouche-v-perry-homes-llc
  • Porter Residents File Lawsuit Against Perry Homes (2021): https://reduceflooding.com/2021/05/06/porter-residents-file-lawsuit-against-perry-homes-its-subsidiaries-contractors/

 

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