Legal Question in Real Estate Law in California

Homeowner's Warranty Insurance

I purchased my home in 9/2006. The inspection report listed our air conditioner was functional. However, it has stopped. The homeowner's warranty insurance company has rejected my claim. I rebutted and after weeks of phone calls, they have finally scheduled another company to inspect my unit. What are my options if they refuse to replace or fix it? Thanks!


Asked on 6/12/07, 1:26 pm

2 Answers from Attorneys

Marco Cosentino Law Office of Mark J. Leonardo

Re: Homeowner's Warranty Insurance

Anyone would need to know what it says in your Home Warranty Contract.

What was the basis for the Warranty company's initial rejection of your claim?

You would probably have no recourse against the Seller unless you could prove that either the Seller or Seller's agent was aware of a defect and failed to disclose it.

Check carefully the terms of your Home Warranty contract and simply insist that the Home Warranty Company honor their obligations.

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Answered on 6/12/07, 1:40 pm
Bryan Whipple Bryan R. R. Whipple, Attorney at Law

Re: Homeowner's Warranty Insurance

If the insurance company doesn't come through, you should consider sueing them for the cost of repairs in Small Claims Court.

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Answered on 6/12/07, 2:49 pm


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