After 5 months Builder says no more warranty

What is the name of your state? TN

Bought a spec home with the usual builder 1 year warranty.

After 5 months in the home, the 'punch list' from our walk thru isn't completed, and we didn't escrow any $$ to assure completion.

Builder left voicemail saying no more visits to your house, and any further repairs will be after arbitration.

The arbitration clause hints at a third party insurer, but here is none. HBW will provide pamphlet on arbitration after closing, except that HBW did not issue warranty on house, and knows nothing of my house, and Arbitrator will be chosen by another company, but google search doesn't find that company exists.

How do I get my home fixed? Sent 1 certified letter, then a second letter which builder took offense to, thats why no more visits.

Since that time, I've become aware of roofing and electrical code violations, so I not only have cosmetic issues from punch list, but now more serious defects.

What is next step?

Some attorneys specialize in 'construction defect' litigation.

If you call your county's Bar Association, they should be able to refer you to some, and this site also could refer you to a good atty in that field.

flipr said:

What is next step?

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Pray he does not go Bankrupt, man it seems to be an epidemic right now with these shoddy builders!

Report state violations to the state, county to county etc.

Other than that it is probably Atty time to see where you stand.

If you know the name of the insurance company providing the warranty, search your state's secretary of state web site for their contact info. You might find it interesting to see who the registered agent is for your builder so your lawyer can send him a strongly worded letter demanding they perform as agreed. Take a look; http://www.tennesseeanytime.org/soscorp/

lcannister said:

Pray he does not go Bankrupt, man it seems to be an epidemic right now with these shoddy builders!

Report state violations to the state, county to county etc.

Other than that it is probably Atty time to see where you stand.

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Has been for quite some time. You can't build a house in a month and expect it not to have problems, It's just not gonna happen. Hate to say it but it is only going to get worse here in Tennessee now that they have adopted the law on Illegal Immigrant hiring. You are going to find a lot of builders who will be hiring anyone and everyone to work

OP call your local building inspectors office and have them send someone out to inspect the home. If the builder is refusing to fix problems then report him.

LindaP777 said:

If you know the name of the insurance company providing the warranty, search your state's secretary of state web site for their contact info. You might find it interesting to see who the registered agent is for your builder so your lawyer can send him a strongly worded letter demanding they perform as agreed. Take a look; http://www.tennesseeanytime.org/soscorp/

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except that HBW did not issue warranty on house,

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I suspect NO ONE issued a warranty on the property!

Looks like and expensive venture you are undertaking and I fear you have many years ahead without resolve if the builder is this shoddy.

Again report him to every agency in your state and county who would have anything to do with the rules and regs.

Good luck.

Thanks all for response

I visited county building code office today, and the roof is a violation. Inspector was going to call builder and advise them to fix.

This guy currently has about 20 homes under construction, so he won't want an upset building inspector.

hope it works.

Thanks all!

Please post back and give us an update! I love a story with a happy ending!

flipr said:

I visited county building code office today, and the roof is a violation. Inspector was going to call builder and advise them to fix.

This guy currently has about 20 homes under construction, so he won't want an upset building inspector.

hope it works.

Thanks all!

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I am familiar with HBW and warranties in general. There are several problems with the arbitration process of home warranty companies. www.hadd.com is a site that has quite a bit of warranty info as does www.hobb.org if you can't find the company's existance it could've changed names. HBW is still in business but their arbitration company has been through a few permutations due to them being exposed for bias. Some courts have determined their arbitration clause is unconscionable. GOOD LUCK!