Legal Question in Construction Law in Minnesota
Being charged for a warranty item
House builders are charing me for fixing my heating when it was sold in good faith to be working but it was not working from the start. They had to put in an additional zone to fix the heating, but when i paid for the house heating should have worked the way i bought it.
2 Answers from Attorneys
Re: Being charged for a warranty item
Who breached the warranty? Are you claiming that the home builder did? Are they attempting to lien your house? Has the warranty expired? When was the home built? There are statutory warranties that may affect your case.
I am not quite sure what you're looking for. If the home builder breached a warranty and was required to fix the heat under warranty, then the terms of the warranty govern. Typically, that means you are not required to pay.
NOTE: This is not intended to be legal advice or to create an attorney-client relationship. No such relationship is intended unless and until a retainer agreement is signed by both parties.
Re: Being charged for a warranty item
It sounds to me, from the brief escription, that hte heating issue was not a repair for defective heating, but an additional feature to remedy what you believe was insufficient heat. That can be critical and whether of not a contract or warranty was breached would depend on the particular buid specification. It may actually be a design issue which still may be actionable depending on when the home was built.
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