I have owned my home for 8 years. I have a 10 year home warranty. I have many hairline cracks in the exterior stucco walls which include two larger stair-step cracks. According to their (warranty) engineer, the larger has 3/16" vertical and 1/4" horizontal separation. These exterior cracks have caused a 10 foot crack to appear in the interior ceiling and several drywall joints to separate around doors.
They offered to pay 1/3 of the estimates. The warranty reads "(a) There must be actual physical damage (b) to that designated load-bearing element, (c) The physical damage must be a result of failure of that load-bearing element, (d) The load bearing function of that element must be affected to the extent that the home becomes unsafe, unsanitary or otherwise unlivable. All four portions must be met before a defect can be covered...."
The company has offered a "compromise" because they claim the home did not meet the section (d) above.
Should I fight this? How?
Could there be mold?
2007-09-04 16:19:47 · 5 answers · asked by cdsinfla 2 in Home & Garden ➔ Maintenance & Repairs
Additional note - the larger cracks first appeared about 5 years ago. They started small and have continued to grow in size.
2007-09-04 17:03:16 · update #1
If you are a member of a credit union, you may have 1/2 hour of Legal advice per year @ no charge. Take advantage.
Warranty companies do not get rich by paying claims. It is hard to pay the CEO's bonus of 12 million dollars if you are throwing money away on low-life clients. My feeling is these things are a complete rip-off. Any way they can weasel out of paying, they will. Get a legal and take 'em on.
2007-09-04 16:29:06 · answer #1 · answered by OrakTheBold 7 · 1⤊ 0⤋
Warranties are as good as the items they exclude.
From the information provided I see nothing that is considered "load bearing" even though they have denied the claim on subsection (d) alone.
Your cracking is not uncommon, especially to block homes.
You may determine your answer through a cost analysis: legal representation versus 2/3 's of the repair amount.
If you're willing to do some research and that research results in something that might be grounds for appeal, then you could consider hiring an attorney on a flat fee basis to address the matter in writing.
I have my reservations that this legal maneuver would be any threat as the company no doubt retains or employs representation.
You might search Martindale Hubble legal directory for someone that specializes in consumer affairs or real estate; seek a flat fee consultation.
You might try your local broadcast "trouble shooter".
The matter of mold (your damage type): some homes do show signs of water damage, and have yet to hear of a mold concern or evidence.
Not all affected by leakage.
It just might be to your benefit to purchase caulk and/or pre-mixed stucco repair and fill the cracks. No reason to be stubborn and then bear the consequences.
Photo document beforehand, which has likely been done.
This is the best [short ] answer I can give you.
2007-09-04 16:49:35 · answer #2 · answered by B C 4 · 1⤊ 0⤋
It sounds as if you have foundation problems contact an attorney for the few hundred it will cost, it will save you big bucks. Stair stepping and cracking is caused due to uneven settling of the house.
2007-09-05 03:42:02 · answer #3 · answered by gonecrazytoday 3 · 1⤊ 0⤋
This forum is going to provide you with a lot of opinion and conjecture without giving you any solid information regarding the validity of your claim. I would suggest that you seek the advice of a legal expert that can more effectively decipher the catchwords and nuances of your contract.
2007-09-04 16:34:48 · answer #4 · answered by Just wonderin' 5 · 1⤊ 0⤋
check this link its good
http://workathomeandearnmoney.blogspot.com/
.
2007-09-09 04:42:47 · answer #5 · answered by Anonymous · 0⤊ 0⤋