What rights so we have against our home warranty company?

UPDATED: Nov 30, 2010

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What rights so we have against our home warranty company?

Less than a week ago, my husband and I just moved into the home that we had built in a new subdivision. On Friday morning I woke up and noticed a wet gray line going across a portion of our ceiling. We called our warranty company a couple days ago, and they only said they would “put a work order in for it”.Last night it rained even harder, and I’m getting worried that they are only going to do something once our ceiling caves in. My husband is calling them again after he gets off work, but if they give us the same answer, can’t we tell them that their negligence is actionable?

Asked on November 30, 2010 under Real Estate Law, Alabama


MD, Member, California Bar / FreeAdvice Contributing Attorney

Answered 12 years ago | Contributor

You need to make sure your home warranty covers everything - from ceiling to dry wall to reimbursing you for damage to furniture, carpet, flooring, electrical and pipes.  You need to immediately get on the horn with the agency or agencies in your county, city and state who regulate the home warranty companies -- usually insurance departments. Further, contact your state's attorney general and file a complaint because the failure at some point to prevent further damage and fix what is covered under a contractual written warranty may be considered a consumer protection violation.  You should take photos and log every time you have a conversation with or make a communication to the warranty company.  Further, don't stop there. Immediately contact the construction company who built your home and explain nicely that they need to intervene and fix everything per the warranty, otherwise a lawsuit may ensue. Talk to your neighbors and see if they have had the same issues - if they did, more likely someone will pay attention if all of a sudden ten or twenty neighbors start calling.

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