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Builder won't make repairs (California)

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  • Builder won't make repairs (California)

    I am having a problem getting my builder to make warranty repairs to my new home, in CA. I bought it 3/31/06, so the new home warranty expires soon, as far as I know. He is completely unresponsive at this point. I need to prove that he has received the list of necessary repairs before the warranty expires. How can I do this? If I just send the list by certified mail, it will only prove that he received something from me, not that he receive the list of items that need repair. Do I need to have someone serve it on him in person, or is simply giving the list to my realtor sufficient? What is the best way so that I have proof?

  • #2
    re: Builder won't make repairs (California)

    Send a demand by certified mail but based on what you say here, you could file suit against him (or at least threaten to do so) in small claims court or in regular court; filing in small claims court is easier and requires no attorney...you could try to collect all of the costs and damages that you suffered due to his behavior... You may also report him to your state attorney general's office.

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    • #3
      re: Builder won't make repairs (California)

      1) I gave a list of the problems to my realtor, who works in the same office as his realtor, and she said that she would give it to his realtor and have her sign it. Will that work? Again, if I send it certified mail, how do I prove what I sent him (also, the one year warranty has expired, since my last post--on 3/31/07)?

      2) What is the correct order to do things? Estimate, court, pay someone to do the work for me; estimate, pay someone to do the work for me, court. . .?

      3) How long does he have to fix the problem from the time that his is notified? I want to know so that I can give him the proper amount (legal amount) of time from when his realtor gives him the list before I pay to have the repairs made myself or threaten small claims or whatever order I shoul do things.

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      • #4
        re: Builder won't make repairs (California)

        You have to give him a reasonable chance to fix--but it seems maybe that has already passed. So get estimates of the costs etc. and sue if need be.

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