QUESTION

My wife and I moved into our new home in mid 2009. We had a one year builder''s warranty at the time, but could not get the builder to fix problems.

Asked on May 24th, 2012 on Real Estate - Tennessee
More details to this question:
Now, over 3 years later the builder is telling us that they will look into problems but if they don''t actually find a problem we have to pay for the repairs. An example of this is that we having loud dripping noises between a certain wall, and the dripping wakes us up at night when our grown boys take a shower after work. The builder continues to tell us that there is no water leaks without looking into the issue, and the noise is the other part of the problem. We informed them of the problem 3 months after moving in, and they did fix an identical problem in another part of the home, but they have cycled through 6 service manager since that time. Do I have recourse to make them fix the issues? This is only one of two outstanding issues.
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1 ANSWER

Real Estate Law Attorney serving Anniston, AL at Isom Stanko & Senter, LLC
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There is too little information here to provide anything more than guesswork.  Here are some observations that may provide a bit of guidance: 1.   What kind of warranty did you get?  A warranty under VA or FHA financing is not much of a warranty.  It is merely a written assurance that the home construction conformed to VA/FHA specifications.  If the house was paid for by cash or financed by a conventional loan, there normally is not a warranty --- except in some cases a builder will assure the homeowner orally that he will warrant it for a year.  In addition, the law in some states will recognize an "implied warranty" for a period of time.  It is my guess that you do not have a "written warranty" that sets out specifically what is and what is not warranted. 2.   The next question is, if you have a warranty, what does it cover?  If you have a written warranty, it should set out clearly what is and what is not covered - and the length of time it applies.  If your warranty was for a year and you have not taken affirmative action to compel performance, you have probably lost the right to do so.  3.   It is recommended that you confer with a good real estate attorney in your area to learn whether you do indeed have a warranty; if you do, what it covers; and whether it is still enforceable.  You will probably have to pay a modest conference fee but it will be worth it to learn where you stand on these questions.      
Answered on May 26th, 2012 at 12:27 PM

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