Who gets refund if home warranty is canceled?

Get Legal Help Today

 Secured with SHA-256 Encryption

Who gets refund if home warranty is canceled?

Recently purchased a condo and was reimbursed for a home warranty as stated in 7H
of purchase contract. Was unable to use warranty for a plumbing issue first
plumber assigned would not answer phone calls, the second scheduled an
appointment and no showed. I decided to cancel the warranty and use the funds to
pay for the repairs out of pocket. Title company is now saying they ‘think’
refund goes back to the seller? Is this correct?

Asked on June 29, 2018 under Real Estate Law, Texas

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 3 years ago | Contributor

It goes to the person who paid for or purchased the warranty. If the seller reimbursed you for it, then the seller paid for it; any refund goes back to the seller, since otherwise you are "unjustly"--or unfairly--"enriched" or benefited: the seller paid you to take out the warranty (reimbursed you for it), then you get paid again by pocketing the refund. Since the seller paid for the warranty, according to what you write, refund goes to the seller.


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

Get Legal Help Today

Find the right lawyer for your legal issue.

 Secured with SHA-256 Encryption