Window not fixed properly

[blueben80]

What is the name of your state? Arizona.

We currently purchased a house that had been remodeled by the person in which we purchased from. This person sold it under his LLC and is a licensed contractor. One of our items we required to be fixed was a backdoor window that had one of the panes of a dual pane window broken. They said they would either fix the window or replace the door. They fixed the window.

Today as I closed the door, the pane that was broken originally broke again. However, this time it was not tempered. It was just a piece of glass that they placed next to the dual pane spacer bar. The whole thing fell right out and glass everywhere. Doors are required to have tempered glass in them. Since he is a contractor he knows this.
My question is what do I do first. Who do I contact? I called and left a message with our real estate agent. I am just glad my little kids weren't out there at the time.

Any help is appreciated.
Thanks

 

[adjusterjack]

I called and left a message with our real estate agent.

Good luck with that. Your agent has been paid and is down the road and the seller will say "I fixed it."

So after you aggravate yourself for a few days or weeks, the reality is that you go to home depot and get a pane of tempered glass and some glazier's putty and you fix it yourself or you pay a glass company to come out and do it.

It's your house now and things will happen that you will have to take care of on your own.

 

[blueben80]

Good luck with that. Your agent has been paid and is down the road and the seller will say "I fixed it."

So after you aggravate yourself for a few days or weeks, the reality is that you go to home depot and get a pane of tempered glass and some glazier's putty and you fix it yourself or you pay a glass company to come out and do it.

It's your house now and things will happen that you will have to take care of on your own.

So the fact that a licensed contractor did something illegal and wrong just to save money is now my problem. We closed on the house on Wednesday this past week. It had not even been 48 hours since we signed the papers. I used to work for a glass company and fixed windows like this all the time. Glaziers putty like you suggested is wrong as it won't seal the dual pane and the only way to do that is to make a completely new dual pane window. Yes, it is my house now, but a seller must also disclose any and all known issues with the house. Fake fixing a window is an issue and in this case, he did something that could have caused serious injury to someone. I did not just pay 200k on a house for someone to try and cheap a fix.

All windows in doors or within 24 inches of a door are REQUIRED BY LAW to be tempered glass. As a contractor, he knows this.

 

[LdiJ]

So the fact that a licensed contractor did something illegal and wrong just to save money is now my problem. We closed on the house on Wednesday this past week. It had not even been 48 hours since we signed the papers. I used to work for a glass company and fixed windows like this all the time. Glaziers putty like you suggested is wrong as it won't seal the dual pane and the only way to do that is to make a completely new dual pane window. Yes, it is my house now, but a seller must also disclose any and all known issues with the house. Fake fixing a window is an issue and in this case, he did something that could have caused serious injury to someone. I did not just pay 200k on a house for someone to try and cheap a fix.

All windows in doors or within 24 inches of a door are REQUIRED BY LAW to be tempered glass. As a contractor, he knows this.

You are not wrong. However, the only way to force him to fix the problem is to sue him in small claims court. Once you win there however, its totally up to you to collect on your win, and if the guy doesn't care, you will be chasing him forever with no results. What you do need to do in order to make a small claims case even work, is to pay someone else to do the repair and sue for that cost.

 

[adjusterjack]

I used to work for a glass company and fixed windows like this all the time.

That's yet another problem in your quest for justice. You had the option of inspecting the repair, or having it inspected, before close of escrow to make sure it was done right. Did you do that?

If not, the doctrine of merger may have eliminated any remedy after the close. In the law of real property, the merger doctrine stands for the proposition that the contract for the conveyance of property merges into the deed of conveyance; therefore, any guarantees made in the contract that are not reflected in the deed are extinguished when the deed is conveyed to the buyer of the property.