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New Warranty Repairs; It May be All in the Presentation

by Dena Kouremetis

You've tried to ignore it but it won't go away. That bulge in the kitchen floor.

It's not like you forgot to point it out to the builder during your walk-through. In fact, it was one of the first things you noticed. For a while, you let it go, because it seemed that it didn't seem to bother anyone else but you.

What had the builder said? Oh yes, they'll get to it. They already fixed the sloppy paint, the uneven trim around the front door, and got the plumber out to dislodge a piece of construction concrete from the lines. In fact, they've fixed just about everything you've pointed out so far in the past year- everything, that is, but this.

So how do you solve the case of the bulging kitchen floor? This imperfection was noted on the three month's, six month's, and soon-to-be twelfth month's home warranty repair list, but it seems no one from the builder's customer service department is banging down your door to schedule the repair. And you're just not the type to jump up and down trying to get someone's attention.

Because of my personal experiences in the new home industry, as well as having been the owner of several new homes, I believe from experience that there are times to get flat-out aggressive in your bids to get the builder's attentions and there are also times to be "tactful but nagging."

Which one of these approaches you use depends on (1) the seriousness of the imperfection or shoddy workmanship and its effect on your life and (2) how you go about asking (demanding) that the builder fix it before you feel it's time to send your eight-year old to picket one of their "grand opening" hot dog stands.

Builders respond quickly during the one, two, or ten year warranty period (depending on what items are warranted for what period of time) to whatever they (and most sane individuals) may deem as an emergency. Warranty emergencies are phenomena such as a plumbing-induced flood, a leaking roof causing costly interior damage to your home, a total failure of your heating system in 30-degree weather, or your electrical system tapping out when all homes around you are not in trouble. To other, more common fix-up jobs, such as cosmetic repairs to paint, drywall, or less-than-perfect installations, they will usually try to button up and have you sign off such items within the first 3-6 months.

A bulging kitchen floor that has not changed in proportion since your move-in then, is not an emergency. It is, nevertheless, downright bothersome, irritating, frustrating, and even embarrassing to you when visitors notice it. It may even give you vertigo when you walk up and down it on sleepy mornings.

The way you go about resolving this anomaly goes a long way towards getting the results you seek. Brow-beating, rudeness, sarcasm, or threats are definitely not the way to get customer service personnel out to your doorstep any time soon, since they'll just want to avoid you anyway.

Here, then are the steps that (hopefully) will result in success:

Write a separate letter, describing the problem, when it was discussed, what was promised, and how unhappy you are with this oversight. Include your name, address, home site number (if you can remember it), work, home and cell phone numbers. Type it, if at all possible, for optimum legibility. Keep it brief and to the point, but include all the relevant details.

Include copies of all requests for the problem to be resolved, approximate dates you spoke to builder representatives concerning the problem. This can include your original walk-through item list as well as subsequent petitions for attention.

State exactly what you want done and how soon you expect it to be resolved. And make your expectations with the normal realms of reality.

Keep a copy of everything you send.

Fax it (if possible) and mail it, with mention made on your cover sheet that hard copies are on their way. And, even though builders don't usually respond to phone calls alone, it's not a bad idea to call the warranty/customer service number for your builder to tell them that any and all of the above is on its way, and you expect a call back within seven days of receipt of your tidy little package.

Make sure you are there at the time you have agreed to meet the sub-contractor assigned to the problem. Rescheduling him after you stand him up may take an act of God.

Be prepared for what may come in the repairs you seek. A bulging floor in the kitchen may mean that the vinyl as well as the floorboards themselves will have to be pulled up and replaced. The vinyl you originally chose may not be available or may even have been discontinued. The same goes for tile, laminates, or hardwood. And if the flooring surface was something you had installed after your bought the home, and not through the builder itself, the builder is not bound to replace it, according to many new home warranties. (This is the case for "be careful what you wish for.")

It is, of course, a good idea to review your new home warranty coverage BEFORE you send the letter, so that you may confirm that the item you are requesting is covered. If the warranty period for that particular item is expired, understand that the builder may not even have to respond. Many do respond, however, since their reputation and referral business is how they continue to stay afloat. For items such as appliances, remember what the builder told you during your walk-through. Did you send in those warranty cards? You must deal directly with the manufacturer of individual products such as dishwashers, stoves, microwaves, etc. Their 800 number customer service numbers will be listed somewhere on the accompanying brochures and paperwork. Or they may be accessible on the Internet by doing a search under the appliance manufacturer's name.

Go directly to the builder with your complaints before taking this any further. If you and the builder reach an impasse after a reasonable opportunity for the builder to respond, the builder may have an arbitration firm to assist both sides to come to an agreement. Remember, though, that the outcome of such arbitration is almost always binding upon the builder, but does not prevent you from taking the issue further.

The next step would be taking your issue to the local homebuilder's association. If your builder does not belong to it, the local association may have their own system of resolving construction complaints without having to take legal steps.

The last resort may be small claims court or higher (depending on the dollar amount it may take to fix the problem). Just remember all those "People's Court" admonitions to have back-up, substantiating paperwork prepared, photos, if necessary, and some time set aside for the task.

The truth is, a typical house contains thousands of different parts. Assembling them, builders would like to point out, is not an exact science. Perfection in homebuilding is only real in photos or renderings, no matter what dreamy images you see when you flip through the pages of Architectural Digest.

Builders consider you, the consumer, as the butter on their bread, and want you to be satisfied with the new home you buy. If problems occur, the "getting more flies with honey than vinegar" approach may serve you best. And you may be finally able to glide over that vinyl floor without getting dizzy.

Published: October 4, 2000

Use of this article without permission is a violation of federal copyright laws.

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A veteran of the real estate and homebuilding industries since 1986, Dena Kouremetis first joined Realty Times as a new homes writer in 1998. Since then, she has authored four books, written consumer columns on new homes issues for websites and newspapers all across the country, contributed to builder trade magazines, appeared as a guest expert on several radio shows and even created a ten-chapter podcast for LendingTree.com’s homebuilder website, iNest.com, now available on iTunes, entitled Uncharted Waters; Navigating the Purchase of a New Production Home.

Kouremetis recently joined her local Folsom, CA Coldwell Banker office as a broker associate while continuing to write for the real estate industry. For the past three years, she has been training real estate agents for both the resale and new homes industries, putting her experience, research expertise and gift of expression to work to help others entering the business.

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