Buying New Construction? Don’t Let Those Builders Push You Around!

Red light cameras gradually became a part of our urban landscape. They spread over cities and counties and in some cases, cover the whole State. And more cameras naturally bring more tickets. Knowing how red light cameras work and what the best strategies are in beating that type of tickets in court are arguably part of the literacy of any modern motorist nowadays. This article will give you the basic knowledge of red light cameras modus operandi and walk you through defense strategies to beat a ticket if you got one.

How Red Light Cameras Work
From the concrete streets of metropolitan cities to the sprawling suburbs in most areas around the country, new construction is present in the form of townhouses, condominiums, single homes and the ever-so-popular “over-55 communities.”

While many of these properties are esthetically impressive complete with over-sized family rooms, open kitchen areas, and every upgrade/option imaginable, there are also the unfortunate, yet inevitable pitfalls associated with new construction such as delayed completion dates, cost overruns and building defects. With respect to the latter, buyers of new construction should be informed of their legal rights in the event that construction defects impede their use and enjoyment of the property.

Traditionally, a vendor of property is responsible for the quality of the property sold only to the extent that the vendor expressly agrees to be responsible. In years past, the notion was that a seller and buyer dealt with one another at “arm’s length” and, therefore the buyer should only be afforded the specific protection for which he/she contracts. However, in the context of new construction, the laws started to change over the past few decades. In states such as the Commonwealth of Pennsylvania, a well-established body of case law has evolved that has afforded protection to buyers in the form of implied warranties.

The “implied warranty of habitability” and “implied warranty of reasonable construction” exist between a builder-vendor of new construction and a buyer regardless of whether any mention of such warranties is actually written into the contract of sale (those huge 25-plus page contracts that builders make you sign!). These warranties, which automatically exist between builder-vendors and buyers, represent that the property is suitable for living and is constructed with a reasonable level of skill and workmanship. Further, these warranties apply whether the buyer purchases the new home prior to, during or after completion of construction.

So, what does this mean for those of you who are about to purchase a plush, new townhouse on a golf course? It means that you may have legal recourse in the event that the builder has improperly constructed your home and/or constructed the home with defects that make the property unfit for living. Some examples of defects that could trigger these warranties and potentially provide you with a cause of action against the builder-vendor include: severe water leakage leading to mold growth, faulty plumbing, contaminated water supply, improper foundation and faulty landfill/site development.

Even though the courts in Pennsylvania (and some other states) have consistently found that these implied warranties afford buyers of new construction protection from faulty workmanship, BEWARE…a builder-vendor could attempt to disclaim such warranties in the contract of sale. The Pennsylvania courts have ruled that a builder-vendor CAN disclaim these implied warranties but the disclaimer language must be clear, unambiguous and set forth in the contract. This means that the builder-vendor will not get away with burying the disclaimer somewhere in that bible-sized contract of sale. However, if the disclaimer language is clear, easy to find in the contract, and easy to understand, then there is a good chance that a court would uphold the disclaimer. Under that circumstance, it would be unlikely that you would prevail in asserting a claim that the builder breached one or both of these warranties. For this very reason, it is your absolute responsibility to thoroughly read your contract of sale (or at least hire a highly skilled real estate attorney to read through it for you!!). The last thing that a judge wants to hear is that you didn’t realize the builder-vendor disclaimed the implied warranties because you failed to read your contract of sale.

So, here is a little recap:

1. Builders of new construction have an obligation to make sure the property is built in a reasonable, workmanlike manner and fit for living.

2. The implied warranties of habitability and reasonable construction protect buyers regardless of the warranty provisions in the contract of sale.

3. A builder can disclaim these warranties by using clear, unambiguous language in the contract.

4. All buyers should thoroughly read through the contract of sale.

5. If your new home has significant defects and is unfit for you to live in, then you should consult an attorney to see if you have valid claims against the builder.
Sensor, camera and photo flash-light get installed in the intersection and are synchronized with traffic light equipment. A ticket gets issued when a car enters the intersection after the traffic light turns red.

The definition for the word “after” depends on your state/city jurisdiction and in many places it is one third of a second.

With that said entering the intersection at the same moment of time when the light turns red should NOT result in red light citation. The same is even more true for the yellow (amber) light case – by law you have to have no issues with crossing the intersection entry bar on the yellow light or being in the middle of intersection when the light is yellow.

How Red Light Violations Get Captured

Two photo shots get done – one when the car crosses the intersection entry bar during the red light phase and a second one – when the car is on the middle of intersection. The moment for the second photo shot gets defined by a short delay time set up in the red light equipment (usually 0.5 – 1.2 seconds) which usually depends on the speed limit posted for that location. The second photo proves that the car didn’t accidentally cross the intersection white entry bar and then completely stopped but continued driving during the red light phase. Date, time, violation number, time interval between two photos and the car speed must be clearly shown on the second photo. Both photos must also show that the intersection light was clearly red at the time of violation.

Do You Need To Identify a Driver?

The short answer is – “No, you don’t”. The tickets are issued against the cars violating the red light rule not against the drivers. This is the reason why all red light citations carry only the financial penalties but not the driver’s demerit points.

Why Red Light Cameras?

The original idea behind right light cameras was to enforce the traffic law and safety on the roads. However everybody probably knows the real reason behind that – municipalities need money and traffic tickets are the easy way to generate some steady cash stream. Numerous researches conducted by impartial 3rd party organizations show that contrary to original expectations, installing red light cameras doesn’t result in overall traffic safety increase. For example, researchers discovered, that some decrease in injuries caused by right-angle-accidents from cars running on red gets well compensated by noticeably increased number of rear-hit collisions caused by cars suddenly stopped on intersection trying to avoid possible red light citation.

Defense Strategies

So, it happened – you have got a ticket in the mail and you want to know what to do next. Below are the main strategies you can apply to get your ticket dismissed.

1. The Ticket Which Was Sent to You is a Snitch

There are numerous cases in some jurisdictions when local police sends phishing (snitch) tickets to registered car owners expecting them to pay blindly. According to internet resources “data from Oakland shows that in 2009 Snitch Tickets were 42% of what they sent out”. So if you got one – don’t pay blindly and make sure that is not a scam. Check your “citation” – if it doesn’t contain the name of the court, its address, phone number and open hours it is likely a fake. If your “citation” contains request to pay a fine directly to sender when saying “don’t contact the court” – it is for sure a fake. If your “citation” contains the phrase: “Courtesy Notice: It is Not a Ticket” – ignore it, it is a scam.

2. The Ticket Was Sent To the Wrong Address/Person

Some tickets are sent by mistake – they were meant for another person but were mailed to you. Check the addressee’s name, address and other details in the ticket to make sure that it is not a mistake. Also check if you have been crossing that intersection on that day and time or if you are not the only driver of your car in your household – ask family members if it could be them.

3. It Wasn’t Me

Some local traffic courts or police stations might exercise pressure trying to force you to reveal who was driving a car during a red light violation. You don’t have to answer – it is not required by law. If they insist too much making you uncomfortable or they try to intimidate you in any form – tell them that you want to exercise your constitutional right to remain silent. Never forget – you are innocent until proven guilty in the court of law. It is a responsibility of court after all to prove their allegations.

4. Vehicle Was Stolen

If you vehicle was stolen by someone, even for only two-three hours of fan drive – you are not liable. If you can prove it in court – your ticket will be dismissed.

5. My License Plate Was Stolen

If you vehicle’s plate was lost or stolen and someone used it during the traffic violation – you are not liable. Applying this defense strategy would require an examination of citation photos to make sure that the car on the photo isn’t yours.

6. Intersection Doesn’t Have “Photo Enforced” Warning Sign

Most jurisdictions require posting special “Photo Enforced” warning signs 300 feet before the intersections equipped by red light cameras. If that sign was missing in your case your ticket might be dismissed – the final decision remains on the discretion of judge.

7. Red Light Camera Periodic Certification Requirement

The red light camera equipment is a subject of strict regulations (similar to radars) and must be periodically tested and calibrated to comply the municipal law. Many cameras fail to meet this requirement. Request the last calibration report. If the calibration was overdue – your ticket is safely dismissed.

8. Yellow Light Timing Is Too Short

There are well documented requirements for the minimum duration of yellow (amber) light between green and red phases in the intersection. Too short duration of yellow light understandably leads to a premature start of the red light phase and as a result – to unfair citation of cars caught off guard in the middle of intersection. “Who is interested in shortening the yellow light phase after all” you might ask. Companies that sell and install camera equipment often get solid share of ticket generated revenue (in some jurisdictions up to 50%) and is the most interested party in these violations. Request a test of the yellow light duration; if it was altered – your ticket is dismissed.

9. Road and Weather Conditions

Severe weather and road conditions could be an acceptable excuse for running on a red light. The ice, snow or excessive amounts of rain on the road could make compliance to traffic law more dangerous than excusable conditional violation. The same applies to the tailgating scenarios when you are forced to keep driving on a red light because car behind you is dangerously close, is speeding or tailgating creating a hazard to cars and pedestrians around. In these cases running on red light understandably promotes public safety rather than violating it.

10. Citation Doesn’t Have Supporting Photos at All

In the name of privacy some municipalities send out a red light camera ticket without the actual photo. Make sure that they have all photos required by law – go to the courthouse or municipal building and request your red light camera photos. If they cannot present them – your ticket is dismissed.

11. Photos In Citation Do Exist But Are Not Admissible To Court

In many cases the red light camera ticket photo(s) do exist but are not admissible to court.

Possible reasons:

One of the two mandatory photos is missing
2nd photo exists but does not show your vehicle on the middle of intersection
The lighting conditions are very poor and the photo is illegible
License plate is missing on photo or is unreadable
Traffic signal malfunction (traffic signal was broken when red light camera flashed)
Red light sensor malfunction (it was a yellow light not red when first photo was taken)
White stop bar was not painted on the road or was not clearly visible
Out of State plates (with the exception of States which have mutual traffic citation agreement)
12. If Nothing Above Worked Out

You might be able dismiss your ticket by attending traffic school if you are eligible. The eligibility requirements vary from State to State. In California, for example, you can do it only once every 18 months; in Florida – once every 2 years.

Alvin Borsinger – web master and web marketing manager at CarGalaxies.com – a BorSystems Company.

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