HOBB Community

Has anyone actually received help with their "warranty"?
I would like to know and if you did what is the name of the warranty?
In my case when I thought I had a foundation problem I called the warranty company. I was told I had to get an engineer out to do a criteria of things (and why do I think it may have been 2 engineers), then submit what was written to the company. They then would make the decision based on what was written by the engineer(s) if they would send someone out.
When I asked where they were located they told me Pennsylvania of all things. I am in Texas.
The salesgirl kept promoting the 10 year thing w/ the foundation and roof covered. All I can say is "Yea, right"?  ???

We have foundation issues and here is what we and they did.  We contacted the builder who denied any wrong doing or that anything was even wrong.  We had the builder's "warranty" person come out and he referred us to the 2-10 warranty company.....understand that all of this was well within the first year of the home.  As we had sent our builder a 30 day demand letter in preparation of going through the TRCC (we are also in Texas), the 2-10 company sent out their head person and a structural engineer.  We also hired our own structural engineer (it will cost you around $200-$400 depending on where you live and if you go through a foundation repair company).

Their engineer supplied us with a report that backed up what we had been saying all along.....our home sits in water, is experiencing foundation stress and will continue to do so until the drainage problem is fixed.  Unfortunately, unless your home is considered "unsafe" or uninhabitable, they'll downplay the damage.

I'd keep after them.  Your company must be different from ours because I actually spoke to the corporate office in Denver, CO.  That is pretty much how we got anybody out here.  They knew we were filing with TRCC.

I hope this helps and good luck with your situation.

I've also got experience with 2-10 which our builder probably supplied with all their new houses.  They may try to force you into arbitration even if their experts say the house is defective.  Resist!  They use Construction Arbitration Services which is owned by a disbarred lawyer.  IMO it's totally biased in their favor.  What a racket.

Do a Administrative Procedure on them for redress

We started having foundation problems. We called our 2-10 "Home Of Texas" out to come take a peek and thats what they did, they took a quick peek. The inspector (what a joke) he came out with nothing other than a tape measure a pen and paper. NO elevation level was performed at all. Told us that our tree sucked most of the moisture from under the foundation as well as our dog has dug and caused a negitive slope for draining. They said sorry no coverage here!!!!!!!! We turned to the TRCC and ohhhhhhhhhhhh boy dont do that, it was as bad or even worst but that is a differant subject.... NO PROTECTION FOR THE CONSUMER IN TEXAS IT TRULEY IS A BUDDY BUDDY SYSTEM I AM LIVING PROOF. IT HAPPENED TO OUR FAMILY.......

Hey all.  Word of experience.  Check with your Secretary of State Corporations division to see if your warranty company even exists or if it is under a suspension of some sort.  Also, find out if your state has any what is called "statute of repose" laws against the builder.  Aside from that you may want to check with an attorney for breach of contract on the warranty.
Pat 

I've heard of someone being offered a portion of their home's damage settlement from a 2-10 warranty issue. It had so many strings attached, and left them guaranteed 10's of thousands still in losses with no recourse allowed. They declined to accept the warranty settlement.

That warranty is generally worthless. It's not issued to protect the homeowner at all. It's an insurance policy that protects the builder after the usually honored (as long as it's nothing big) one year warranty runs out. It's a blocking agent against buyers with defects that protect the builder completely from any financial liability after one year. They don't even pay for this insurance, they bill the buyer for it and call it a warranty. Our warranty and arbitration clause were written on the same page. We didn't sign it.

Builders have few incentives for building homes that last past one year. It's worse than car makers, because lemon laws never made it through. The ten year warranty is not in any way a statement of enduring quality. It's purely false advertising, and false assurance to buyers.

I agree.  Having a 10 year warranty policy from one of these companies only complicated and delayed my case.  They're a marketing tool and the buyer may not even see the policy before the sale is closed.  Because the builder buys it usually, the customer never has the option of refusing it or refusing the arbitration clause in it.  All costs are rolled into the house price, nothing's thrown in for free, including the builder's "gift" of a home warranty that, as you say, protects the builder. 

I guess these terms vary, and ours was a long time ago when they were perfecting the scam. The HBW and the mandatory arbitration were on the same page, and billed separately on the closing paperwork. They later figured out they should not make signing MBA optional. The warranty was still valid, we simple didn't sign off on listed limitations. Thus they had to pay off our attorney to save being sued for damages. We can't prove this directly, but people are on death row with less evidence. We could have got a special 15 year warranty for a little more money back then. We also had county taxes and fees and other county hookups billed and paid at closing with NVR Mortgage. NVR didn't pay any of them; they just pocketed the money and built some more houses right next door. The county billed us for not paying, plus late fees, though we had no idea the bills were out there still.   

This doesn't so much reflect SOP of all, It’s just another picture of a builder who has a high JD Power ranking, is large, well known, and above reproach according to their press. The primary difference between a con artist, thief, and building execs, is building execs have better benefits packages and usually better hours. 

It seems they have a tail light warranty! ???


When you can no longer see their tail lights you no longer have a warranty! >:(

It appears that pulte may not actually have a warranty.  :( I filed a claim/complaint with the company that insures the warranty (back by Zurich), and they won't take any responsibility nor will the builder. Therefore the only conclusion I can come to is that the warranty is just smoke and mirrors.

The warranty company suggested that I take it to arbitration and if I don't want to go to arbitration, allow the builder to make some repairs and perhaps they will come across the other issues. (I have to stop typing - I am laughing here). I just don't see how many times a guy putting in a basement floor will have to go into the attic much less the living room area - and besides what the heck would he know?    I can't wait to run this by the consumer protection division in the Attorney Generals office. :) It just isn't nice to say one thing and do another. tsk tsk

Of course pulte pulling out of Kansas city, and they probably can't move fast enough is putting a monkeywrench in the works.  They are currently dealing with over 28 houses in another subdivision that has substantial mold problems; they dealt with another subdivision south of me that had brick issues (the brick wasn't installed properly); and issues with the subdivision I live in (and two of us are just the tip of the iceberg) let the games begin

Susan, if their warranty is backed by Zurich, try the state Insurance Dept.  One of two things is probable:  Either they will have the warranty actually backed by Zurich, an insurance co, which comes under state Ins. Dept. regulation (such as it is LOL!), OR, the "warranty" is backed by some separate co. calling itself a "risk retention group."  RRG's act like insurance but hide behind the RRG thing somehow, escaping more scrutiny that a true "insurance co." would.  SOME states regulate RRG's more than others.  Save and show them any marketing materials, promises, etc, where they refer to your warranty as "insurance," including something that shows Zurich is an insurance co, which they should know but plan on having to prove it anyway.

I have obtained warranty on my PC for a period of one year. Consider the word “computer” refers to both desktop and mobile computers unless stated otherwise. “Monitor” refers specifically to removable Packard Bell monitors and not, for example, to laptop screens.The statute is remedial in nature and is intended to protect consumers from deceptive warranty practices. Consumer products are not required to have warranties, but if one is given, it must comply with the Magnuson-Moss Act.
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Swunderers

South Dakota Treatment Centers  (http://www.treatmentcenters.org/south-dakota)

Swunderers. Thank you for the information. I looked up and read the law.  I really liked the following:

 Making Warranties Available Prior to Sale •   The FTC's Rule on Pre-Sale Availability of Written Warranty Terms requires that written warranties on consumer products costing more than $15 be available to consumers before they buy. The Rule has provisions that specify what retailers, including mail order, catalog, and door-to-door sellers, must do to accomplish this. The Rule also specifies what manufacturers must do so that sellers can meet their obligations under the Rule. These provisions are explained in this section.  THE PRE-SALE AVAILABILITY RULE {16 C.F.R. PART 702}. 

I did not get a copy of the warranty until the first 'homeowners building' meeting which was more than a month after I signed the contract.  They just touted their ten year warranty and as being the best. (boy did I bite on that one hook, line and sinker).   Pulte won't even let you look at the HOA covenants until you sign the contract.  I tried to get copies in other developments during some of my travels and every single sales person (and this was in different states) told me the same thing. - well if you sign a contract we will let you look at the covenants.  If they hide something as simple as that, what else is there to hide?  However, I digress.

There is a new thread on here about the Magnuson Moss Warranty Act (MMWA).  A mobile home is a product because it's built in a factory, whereas the distinction of a stick built house is that it's assembled on site by many parts, people, and companies, that can change.  That's just part of it and probably oversimplified.  I've never seen a lawyer yet prove to me that MMWA applies to site built houses though a few try and fail to apply that law in newly constructed homes.  I wish it did apply and it's possible with the correct court decision and/or a change to the law, it could.  You know the builders and home warranty industry would fight tooth and nail to have any such change stopped before it applied to them, too.  Somewhere out there may very welll be someone who used MMWA on a house case and made it work.  So far none have shown me the proof and consumer lawyers whom I feel know what they're talking about tell me a house isn't a product and that's why it doesn't apply.  Wish it did.