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Home Warranty issue

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A

auntTT

Guest
What is the name of your state? NC

From the time we moved into our home, we have had problems with various windows leaking in our home.

All seemed to be fixed in the beginning, then it was time for our 11 month walk through. By time the 11th month came around, so did the water stains in several windows. The same punch list man came to our home. He saw the problem and assured us it would be taken care of. When everything was repaired for the second time, he wanted us to initial the punch list stating that all the problems were repaired. I told him I would not initial the section stating the windows were fixed because I needed to watch them for a few months to see if the problem in fact was really fixed this time. He said he would put a disclaimer in the paperwork excluding any future problems with the window leaks. We never received a copy of that punch list because this was done at our home without a copy machine.

We kept an eye on the window for several months, and no more water stains, so we assumed the problem had finally been fixed. About 9 months ago, we noticed at the top of the blinds there were two slight cracks at the window frame. When we pulled back the blinds, sure enough we found the window had a huge damp brown water stain. I called our builder to notify them of the leaking window and the office sent over their warranty guy. He told me he would calk the window and it wouldn't leak any more. He also stated he had no idea where the water was coming from. He had us repaint the soiled area and told us to keep an eye on it. After several rain storms the leak was back. The warranty guy showed up again with his calk gun and put another layer of calking around the window. He told us he didn't know what else to do, and he had to talk to his boss. He told us they might have to replace the window. The third time the warranty guy came to our home, he brought his camera and took pictures. He told us he would talk to his boss and they would contact us.

A few weeks had passed and we didn’t hear anything. Several weeks later I received a letter stating that they are not responsible and we are out of warranty.

Any suggestions on how I can procedd? Thank you.
 


HomeGuru

Senior Member
auntTT said:
What is the name of your state? NC

From the time we moved into our home, we have had problems with various windows leaking in our home.

All seemed to be fixed in the beginning, then it was time for our 11 month walk through. By time the 11th month came around, so did the water stains in several windows. The same punch list man came to our home. He saw the problem and assured us it would be taken care of. When everything was repaired for the second time, he wanted us to initial the punch list stating that all the problems were repaired. I told him I would not initial the section stating the windows were fixed because I needed to watch them for a few months to see if the problem in fact was really fixed this time. He said he would put a disclaimer in the paperwork excluding any future problems with the window leaks. We never received a copy of that punch list because this was done at our home without a copy machine.

We kept an eye on the window for several months, and no more water stains, so we assumed the problem had finally been fixed. About 9 months ago, we noticed at the top of the blinds there were two slight cracks at the window frame. When we pulled back the blinds, sure enough we found the window had a huge damp brown water stain. I called our builder to notify them of the leaking window and the office sent over their warranty guy. He told me he would calk the window and it wouldn't leak any more. He also stated he had no idea where the water was coming from. He had us repaint the soiled area and told us to keep an eye on it. After several rain storms the leak was back. The warranty guy showed up again with his calk gun and put another layer of calking around the window. He told us he didn't know what else to do, and he had to talk to his boss. He told us they might have to replace the window. The third time the warranty guy came to our home, he brought his camera and took pictures. He told us he would talk to his boss and they would contact us.

A few weeks had passed and we didn’t hear anything. Several weeks later I received a letter stating that they are not responsible and we are out of warranty.

Any suggestions on how I can procedd? Thank you.
**A: if this was a new home, the builder is giving you total BS. There are both express and implied warranties. For more info check out www.hadd.com and www.ftc.gov
 
B

buzzards27

Guest
Hold the builder's feet to the fire

You made your complaint prior to the end of the warranty period and the problem wasn't corrected so I don't believe the builder can walk away. Renew your complaint RRR. Keep/recreate records of each of the builder's visit, log what was said by whom and document the conditions (photo's/video)

What type of siding is involved? I have a friend that had a leaky stone wall and the builder finally redid it. The substrate (base) wasn't prepared correctly and was funneling water into the wall.
 
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