Transferable Home Warranty

[ambloupal]

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

Purchased a home with a 100% transferable foundation repair warranty that is for the life of the property.

Company who issued warranty no longer has an office in my city. They still have their original office in another city in my state.

They are claiming they cannot transfer the warranty to me because they no longer do business in my city.

Can they do this? Since they are still in business don't they have to honor this warranty?

Thanks

 

[quincy]

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

Purchased a home with a 100% transferable foundation repair warranty that is for the life of the property.

Company who issued warranty no longer has an office in my city. They still have their original office in another city in my state.

They are claiming they cannot transfer the warranty to me because they no longer do business in my city.

Can they do this? Since they are still in business don't they have to honor this warranty?

Thanks

The company still has to honor the warranty.

 

[adjusterjack]

Hmmm, I would want to know the exact wording of the transfer provision before making any absolute comment.

Ambloupal, do you have the warranty policy from which you can quote the transfer provision word for word?

 

[quincy]

The warranty covers the foundation. The foundation does not move even if the company that offered the warranty does.

I agree that reading the foundation warranty in its entirety is important but if the warranty says "100% transferable" foundation repair, the fact that the company has moved from one city to another should not void the warranty.

 

[ambloupal]

Wording of warranty

Thanks for the replies, below is the warranty certificate wording

"company" (their name is listed) warrants to "homeowner" (previous owners name) that should settlement occur, in the structure known as "address" (our property address), City of "our city" in the state of Texas zip code "12345" in the area repaired by "company" on July 2009 in excess of one (1) part in three hundred sixty parts (360) (1" settlement in 30" horizontal span), "company" will re-level the foundation to conform to the conditions as shown on the aforesaid drawing. This warranty will remain in effect so long as the structure exists subject to the following provisions:

If settlement in excess of the above tolerance is found in the area repaired, the work will be performed again at no expense to the owner of the structure so long as all provisions of the agreement are met.

Assignment:
This guarantee is assignable by the owner of this warranty, if "company" is notified within thirty (30) days after the sale of the premises by the owner of this warranty and a transfer fee of $100.00. Repossession by a lien holder gives the right to assign this warranty, if the lien holder complies with the thirty (30) days notice and $100.00 transfer fee requirements. This certificate must accompany any transfer request. IF THIS AGREEMENT IS NOT PROPERLY AND TIMELY MADE, THIS GUARANTEE IS VOID.

it is signed by someone at the company

 

[quincy]

Thanks for the replies, below is the warranty certificate wording

"company" (their name is listed) warrants to "homeowner" (previous owners name) that should settlement occur, in the structure known as "address" (our property address), City of "our city" in the state of Texas zip code "12345" in the area repaired by "company" on July 2009 in excess of one (1) part in three hundred sixty parts (360) (1" settlement in 30" horizontal span), "company" will re-level the foundation to conform to the conditions as shown on the aforesaid drawing. This warranty will remain in effect so long as the structure exists subject to the following provisions:

If settlement in excess of the above tolerance is found in the area repaired, the work will be performed again at no expense to the owner of the structure so long as all provisions of the agreement are met.

Assignment:
This guarantee is assignable by the owner of this warranty, if "company" is notified within thirty (30) days after the sale of the premises by the owner of this warranty and a transfer fee of $100.00. Repossession by a lien holder gives the right to assign this warranty, if the lien holder complies with the thirty (30) days notice and $100.00 transfer fee requirements. This certificate must accompany any transfer request. IF THIS AGREEMENT IS NOT PROPERLY AND TIMELY MADE, THIS GUARANTEE IS VOID.

it is signed by someone at the company

So, were all terms met?

 

[ambloupal]

thats what I am trying to do is make the transfer, yes we are meeting the terms, they are stating via phone that the office is no longer in existence.

Should I just send everything to them as per the terms?

Does the previous owner have to do it?

 

[quincy]

thats what I am trying to do is make the transfer, yes we are meeting the terms, they are stating via phone that the office is no longer in existence.

Should I just send everything to them as per the terms?

Does the previous owner have to do it?

It appears the seller of the property needs/needed to send a transfer fee and documentation within 30 days of the sale of the property. You will want to make sure the seller has/does.

If the seller has not already missed the 30 day window, the transfer should be made through the company's office/agent that is registered with the state. To better ensure the company cannot get out of the warranty on a technicality, it would be smart to have a trusted attorney in your area handle the transfer, impressing on the attorney the urgency due to the 30 day limit.

Having an attorney assist has the added benefit of making the company aware that they must honor the warranty transfer as written or risk legal action.