Legal Question in Real Estate Law in Pennsylvania

Home Bulder's Warranty

I purchased a newly constructed home in 09/01/07 which came with a builder's warranty for one year.The warranty is due to expire 09/08. We have reached out on several occasions to the builder's rep to resolve a potentially serious problem involving a ground level basement egress window which is showing signs of water that's beginning to find its way into our basement; particularly when it rains. We have made emergency calls to the builder a couple of times since March about this concern. They have sent their ''experts'' out and promised us on numerous occasions it would be taken care of; this has been the extent of their actions. To date, nothing has been done. We feel we are getting the run around and that ultimately this will continue until the warranty expires and we will be stuck without any recourse. To protect our interests,I have had a builder's warranty inspection completed. However, before submitting their findings to them, I need to know my legal rights and the best way to proceed given my experiences with these people so far. I don't want to come off threatening where they become defensive and they don't do anything. Yet it has become clear that more drastic measures are warranted.


Asked on 6/30/08, 10:51 am

1 Answer from Attorneys
Miriam Jacobson Retired from practice of law

Re: Home Bulder's Warranty

You should create a paper trail of your efforts to resolve the issue.

Write a letter setting out all of the dates when you tried to contact them, when anything at all was done, when they didn't respond at all, etc., and your inspection report, showing the problems found.

Send it to their corporate office, not just the sales office. Send it via Certified Mail Return Receipt Requested and also, at the same time, by regular USPS mail.

Keep after them, you are not threatening them, you are seeking your rights and to get what they sold to you.

If you haven't gotten a definitive result by early August, you'll have to get a lawyer to go after them. Also, check the warranty for any requirements to arbitrate.

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Answered on 6/30/08, 1:12 pm


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