What Is the Right to Repair / Right to Cure?

Right to repair laws require you to notify the builder of defects and give them a chance to fix the problem before you can file a lawsuit. Many states have these laws, and they set specific procedures and deadlines.

The Short Answer

Right to repair (also called right to cure) laws are state statutes that require homeowners to give the builder written notice of construction defects and an opportunity to inspect and repair them before the homeowner can pursue legal action.

These laws exist in many states and set specific procedures, timelines, and requirements that homeowners must follow.

How It Works

Typically, you must send the builder a written notice describing the defect. The builder then has a set period (often 30-60 days) to inspect the home, propose a repair plan, and complete the repairs.

If the builder makes an adequate repair, the homeowner generally cannot pursue legal action for that defect. If the builder refuses to repair or the repair is inadequate, the homeowner can then proceed with a legal claim.

State Examples

Texas's RCLA (Residential Construction Liability Act) is one of the most comprehensive right to repair statutes. It requires 60 days' notice and allows the builder to inspect, offer to repair, or make a settlement offer before the homeowner can sue.

Florida, Colorado, Nevada, and many other states have similar statutes with varying requirements and timelines.

Why It Matters

If you fail to follow the right to repair procedures, your lawsuit may be dismissed — even if you have a valid construction defect claim.

Builders often use right to repair laws strategically to delay legal proceedings and attempt repairs that may not fully address the issue.

Understanding your state's right to repair requirements is essential before taking any legal action against a builder.

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