Home Builder Warranty

Homes do not seem like something you would need a warranty for, but if you buy a hairdryer and it turns out to be defective, you can take it back to the store and ask for a replacement; most stores, even if not obligated to replace the hairdryer, will do so. But what happens if you buy a new house and it proves to be defective? Can you just return it? No! Besides, where would you live while another home was being built? So, basically, you can't return it, but what can you do to set things right, and what can you do legally to protect yourself from taking a loss if a house is defective?

The first thing you can do is be selective. You have to take the responsibility to choose your builder carefully. Not all builders were created equal, and some do a better job than others. Most builders will come back and make adjustments for a year or so after you move in, but you still want to make sure of that when you hire a builder. You also want to check references. Price is not always a good indicator. To protect yourself, a good idea is to talk to previous customers before you sign a contract you can't get out of. Ask previous customers all the questions you can, and find out what they think of the builder's performance both before and after the house was finished. The house may have turned out great, but the process was not a good experience, so get someone that was in your shoes' input.

Next, get a home builder warranty. This is something that a reputable builder should have no problem offering because they should not anticipate you needing to use it. You should also ask whether the builder offers a warranty on his work, and if they don't ask for one anyway. Many subscribe to national warranty programs with a 10-year warranty on major structural elements, two years on electrical, plumbing and mechanical systems, and one year on workmanship and materials. This is standard, so do not settle for less.

Just having a home builder warranty may not be enough, especially as every warranty has loopholes. Go over the warranty with the builder, and be sure you understand what a warranty does and does not cover. And find out what responsibility the builder assumes for subcontractors and others who work for him. Remember, he is choosing these people, not you, so he should hold responsibility for their quality and workmanship.

Before you move in do a walk-through inspection with a representative of the builder. Anything that is incomplete or improperly done should be noted on a checklist, and promptly fixed. Set a timetable before the situation occurs for how quickly problems will be taken care of, and hold them to it. If this is not enough, you can see if your local Better Business Bureau has a dispute resolution program, and deal with your builder through this method. Many have informal programs for all kinds of disputes and some have specialized programs in home buying and remodeling.
While this is not a pleasant option, sometimes it is necessary, so if you do file a complaint, either with a Better Business Bureau or a state consumer affairs agency, put your complaint in writing, with documentation, so that you leave a paper trail that a neutral third party can review. Even with a home builder warranty you are not always protected as fully as you should be, but sometimes, filing a complaint is all it takes to get a satisfactory resolution. So, do not roll over and take "no" for an answer, or "it is not covered" as an answer, fight for a fair, and working home.

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