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Old 10-20-2009, 12:37 AM
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Join Date: Oct 2009
Posts: 1

Home Warranty


What is the name of your state (only U.S. law)? MT


We have lived in a new house for just over 1 year:
I advised my home builder two months into a 1 year home warranty about several issues. The main issue being: WHY the foundation of the house was moving causing multiple large cracks throughout the house along with several doors (4) not being able to close, and cracks on opposite corners of all windows (6). He never had and other professionals look at the problem. He insisted that this was normal and that the movement would stop. He advised (multiple witnesses to include the selling and buying agents) us to wait until several days before the warranty ended to fix the cracks that caused by the movement so that he would have to fix them multiple times prior to the warranty ending. Then he had two guys patch the cracks and reframed a few doors. 1 week later all the cracks came back and 1 door (where the large cracks are) still won’t close.
The builder verbally confirmed over the phone that he would fix the cracks again even though the warranty had expired, but today told me he was done with me and the house.
Both realtors (the buying and selling) are aware of these ongoing issues and believe he should attend to the problems since he never addressed the cause. I would prefer not to go the legal route (if one is available).
What options do we have?
  #2  
Old 10-21-2009, 01:36 PM
Senior Member
 
Join Date: May 2000
Location: Catatonic State
Posts: 75,781
Quote:
Originally Posted by MT House View Post
What is the name of your state (only U.S. law)? MT


We have lived in a new house for just over 1 year:
I advised my home builder two months into a 1 year home warranty about several issues. The main issue being: WHY the foundation of the house was moving causing multiple large cracks throughout the house along with several doors (4) not being able to close, and cracks on opposite corners of all windows (6). He never had and other professionals look at the problem. He insisted that this was normal and that the movement would stop. He advised (multiple witnesses to include the selling and buying agents) us to wait until several days before the warranty ended to fix the cracks that caused by the movement so that he would have to fix them multiple times prior to the warranty ending. Then he had two guys patch the cracks and reframed a few doors. 1 week later all the cracks came back and 1 door (where the large cracks are) still won’t close.
The builder verbally confirmed over the phone that he would fix the cracks again even though the warranty had expired, but today told me he was done with me and the house.
Both realtors (the buying and selling) are aware of these ongoing issues and believe he should attend to the problems since he never addressed the cause. I would prefer not to go the legal route (if one is available).
What options do we have?
**A: what do you have in writing? Hire your own engineer to inspect the property and send a demand notice to the builder to fix whatever is noted on the inspection report. Be prepared to contact the Contractor's Board.
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