warranty

[latress]

the foundation on my home needs considerable work. it was repaired by the seller and a warranty was issued by the contractor. however, the seller didn't give me the warranty until a year later and it's too late to transfer it into my name. now i have to spend money to repair it. otherwise, the work would have been covered. is anyone liable?

 

[HomeGuru]

You are.

 

[latress]

i don't understand why i am liable. the warranty wasn't given to me at closing. is this not the responsibility of the title company or the real estate agent? the seller did not provide the document. why am i liable?

 

[HomeGuru]

i don't understand why i am liable.
**A: you are liable because you failed to follow posting instructions. Since you did not tell us your State, I picked 1 for you, out of 50 and used that State's law as a guide.
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the warranty wasn't given to me at closing.
**A: you did not state that your purchase contract contained a contingency that the warranty be given to you. Or whether you bought the home brand new or a resale. Therefore, I presumed that the home was not new and that the warranty issue was not the legal liability and concern of escrow/title and the real estate agent.
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is this not the responsibility of the title company or the real estate agent?
**A: I don't know. Was it?
This is not the psychic legal hotline.
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the seller did not provide the document. why am i liable?
**A: was the turn over of the warranty paper a contingency in the contract?
Why did you close without this important document? You did not mitigate damages.
Why did you not request this from the Seller and/or foundation repair contractor soon after closing (or maybe a month or even 6 months later) And why did you not request this in writing via certified rrr mail. And if you still did not receive it, why did you not hire an attorney and file a complaint in court; either to turn over the warranty document or file due to construction defects. You waited until the warranty expired to do anything of substance to protect your rights. That's why you are liable.

 

[HomeGuru]

the foundation on my home needs considerable work. it was repaired by the seller and a warranty was issued by the contractor. however, the seller didn't give me the warranty until a year later and it's too late to transfer it into my name. now i have to spend money to repair it. otherwise, the work would have been covered. is anyone liable?

**A: Let's read this post again. Does it make sense to our readers? Does it have proper punctuation?

 

[latress]

first, if i needed a psychic connection, Ms. Cleo would have been contacted. i obviously posed the question because the site claims to provide free legal advice. you should consider providing that service instead of the sarcasm.

second, the agreement was given to me without the warranty. it was later discovered that the warranty was on the back page and had not been copied.

third, i closed without the document because i didn't know it existed. as stated earlier, i thought the agreement would suffice. i have been attempting to get this document. i am not a real estate agent, a title agent or attorney. it was not my job to go through the seller's file and copy every single document pertaining to this home. have you ever heard of disclosure?

lastly, if the warranty was not in my possession, i obviously would not be aware of the expiration. it should have been transfered into my name within 30 days. i am not a psychic.

it was a mistake contacting you. you are definitely not a professional.

 

[HomeGuru]

first, if i needed a psychic connection, Ms. Cleo would have been contacted. i obviously posed the question because the site claims to provide free legal advice. you should consider providing that service instead of the sarcasm.
**A: you did indeed receive free legal advice but you do not want to accept the truth of the advice and that you did not follow posting instructions.
Futhermore, you still have not posted your State name so let's just say you're in the state of denial.
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second, the agreement was given to me without the warranty. it was later discovered that the warranty was on the back page and had not been copied.
**A: so what. It is your responsibility to ask for the warranty and to review every single page of the contract. In many States, every single page of the contract must be initialed if not signed by both parties to the contract.
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third, i closed without the document because i didn't know it existed. as stated earlier, i thought the agreement would suffice.
**A: then you thought wrong.
Or let's give the the benefit of the doubt here.
You have the contract and have failing foundation. Even if you had no warranty document, you could have filed a claim against the Seller and the contractor.
You see, there are 2 types of warranties; express and implied. You thought you needed the written warranty (expressed) to file a claim but you didn't.
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i have been attempting to get this document. i am not a real estate agent, a title agent or attorney. it was not my job to go through the seller's file and copy every single document pertaining to this home. have you ever heard of disclosure?
**A: yes, but it is your job to ask your agent or hire an attorney to review the contract for you.
The disclosure is a separate issue which you have not mentioned anything about.
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lastly, if the warranty was not in my possession, i obviously would not be aware of the expiration. it should have been transfered into my name within 30 days. i am not a psychic.
**A: the minute you knew you had foundation problems, you should have called and written to your real estate agent. And kept up the communication until you got answers and resolution. You could have also contacted the repair company directly.
and even the State consumer protection office or contractor's license board.
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it was a mistake contacting you. you are definitely not a professional.
**A: I'm sorry you feel this way. Someday in the future, you will realize that you got more information from this thread than you previously had. And maybe then you will understand that you are liable.
Now, if you read my responses again very carefully, notice I have never once stated that your real estate agent, escrow/title company etc. were NOT liable.