My builder won't complete the repairs to our house as dictated in our homeowner warranty.?

Question

What are our rights as homeowners to force him to comply? These repair requests are over 1 1/2 years old!

Answer 1

Send him/her a written letter. In it, list all the problems, when they occurred, and what you want done. Don't be too specific, nor too vague. Tough to get that happy medium, you want it clearly understood, but not box you into a corner.

Give a date that you want all of these repairs completed by. The date should be 25 days or so. That gives him/her 10 days to start the repairs and 15 days to complete them. The date shows that you mean business, but that you are being reasonable.

State that you regret to have to send this letter, but his/her continued inaction have made it necessary. Also list any phone calls and letters that you have sent to previously ask for this to be fixed. That way, you have a written confirmation of what you did already.

Briefly state the terms of the warranty. Something to show that the requested work is really covered under the warranty. Also state that if the repairs are not completed to your satisfaction, by the due date, that you will be forced to take legal action for breach of contract. Also state that if they are not done, you reserve the right to hire a contractor to do the repairs and include those fees in your lawsuit. State that you will also ask for all legal fees to be paid by the original contractor.

Say that he/she can contact you at his/her convience to schedule access to do the repairs. Send the letter registered with a return receipt. The Post Office will help you with this. Be sure to get the return receipt option when you send it. They are very familiar with this.

Good luck. This has been sucessful for me about 1/3 of the time. It is a necessary step if you do sue. If the contractor does not respond, you do need to start legal proceedings, this must not be an idle threat or you will loose face with the contractor.

P.S. When the orginal work was done, was the contractor paid 100% or was a portion held to insure against problems like this? Something to check out.

Answer 2

Who is your builder? Contact the corporate office. Did you have something in writing at the time of your signing off on the completion of the home that stated that they would fix these things? They should have had someone out there WAY before now. I used to work for a major home builder and they always had things fixed in a timely manner when it was a warranty issue because the builder's were paid on how quick they had things fixed after the closing occurred. I'm not sure what to do except contact the corporate office and ask to speak to the construction manager over your subdivision.

Answer 3

Do you have a signed contract/proposal from them? You need to contact that company and speak with a General Manager and go from there. If they do not respond send a certified letter of the items that have not been finished that were within the proposal/contract. Also have they been paid, partial or full amount ( by the builder or by you)? It depends on your warranty as well!! What kind of repairs are needed? More information please.

Answer 4

hi
1. did you report theses items before your year end warranty?
if not then your out of luck
they have a pre move inspection, 30 days 90 days and a year end inspection they have to fix theses issues
like i said if you did not reported them before the year end
sorry

been there done that

Answer 5

small claims court or contact the better businness bureau !!!!!!