Warranty issue

[kontry]

What is the name of your state? Missouri

I had a house built. Sloppy spec builder. It has a one year warranty. Two weeks after living here I have problems with it. Builder tells me he has one year to get around to fixing these problems. Is this true. Do I really have to wait a year? Can't I do anything before then?

 

[JETX]

I had a house built. Sloppy spec builder. It has a one year warranty. Two weeks after living here I have problems with it. Builder tells me he has one year to get around to fixing these problems. Is this true. Do I really have to wait a year? Can't I do anything before then?

Kind of stupid on his part, but absent any other 'time stipulation', probably.
If you haven't done so already, I suggest you start a 'chron log' of events... noting all problems and contacts. Then, periodically, send the builder a detailed list of warranty repair items by certified mail (to prove receipt if necessary). In each letter, ask him to contact you within the next ?? (10?) days to schedule a convenient time for him to do them. If the needed repairs are sufficient to cause additional damage, you should include that absent his timely contact, you will be forced to have the repairs done by someone else..... at his expense. At some point, before the warranty period expires, start pressing for the repairs to be made and compensation for your 'emergency' repairs. If he refuses, you need to consider filing a lawsuit to force the repairs (specific performance, breach).

 

[Tammy1234]

My sister and her husband had the same problem. However, their lawyer told them if they waited until that year was up to actually sue him and make him do the repairs then it would be too late because their one year time limit was up. They waited until the year warranty was almost up and had a home repair guy come out and give them an estimate to fix everything. They went to court and won. The builder's wife actually asked if they had to pay it or if they could just fix the items. The judge told them they had to pay because the entire reason they were in court was because the builder wouldn't just fix the items. The builder and his wife didn't pay so my sister had the wife's wages garnished (she is a realtor).

My advice - don't wait until your year is up or it will be too late. But I do agree with JetX regarding documentation and writing to the builder.