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October 5, 2007, Newsletter Issue #126: Enforcing Home Warranties
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Tip of the Week
If you own a new construction Miami home and you have problems getting repairs even when your home is still under warranty, you still have recourse. Make sure you notify your builder or developer of any construction flaws within the allotted warranty period, in writing, registered mail. You need proof that you submitted your claim within your warranty period, so make sure you get a return receipt on the mail you send. If the developer fails to contact you and rectify the situation, look in your records and contact the insurance company that holds their Home Warranty insurance policy. Follow their instructions to the letter when submitting your claim. They often provide arbitration or negotiation services to help you settle the dispute and get any home repairs to which you are entitled. If the developer does not have insurance and continues to avoid you, you can contact your local Office of Building Code Compliance or Contractor Licensing Board to request and submit a formal complaint. If you do this you will need all of your supporting documentation, including the warranty, information about the problem and copies of all letters and correspondence (including return receipts.) Your government office will then enforce the agreement or take further action against the builder/developer.
In cases like this, you see why it pays to be organized and careful when purchasing your Miami home. Make sure you get copies of all home warranty records in relation to your home and that you protect yourself by making sure everyone lives up to their promises.
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