WOW! Yesterday was a long day. I had to attend a trial where I was going to be used as a witness. It was dealing with a new construction home I sold nearly two years ago. The buyer was accusing the builder of not fixing items on the house in the one year builders warranty he provided. This was not the truth. Yes, the builder did not fix anything but this was because the buyer would not allow him to do it. There was too much evidence to show where the buyer prohibited the builder to fix the items. I remember when this started, the buyer just wanted the builder to pay him an exhorbanent amount or he would sue him for it. As you can tell the builder didn't pay. This has been going on for nearly two years and probably the loss of two trees with all of the paperwork.
In the Builder Warranty that we use in this market, it states that the builder will repair, fix etc.. items in a reasonable amount of time or the buyer can hire someone else and the builder will pay the costs (this is my version but says something close to it).
I got thinking about what most people would think is "a resonable amount of time". I came to the conclusion that 30 days was a good time frame. You have to allow for materials needed (especially if you have to order it), your sub contractors schedule and the weather. I felt most things can be accomplished within 30 days even if you have the worst luck on each of these. I suggested to the builder that he mail a letter to the buyer that states that you understand there is a problem with the property and you are requesting a time that would be convienent with them to get these repairs satisfied. I told him to send it certified mail so you can show proof that you mailed it and that you do it every thirty days. He took my advice. The builders attorney told me that was probably the best thing he could have done.
Well, yesterday the verdict came. I ended up not having to be used and I sat in this 12x12 witness room looking at the walls and 4 of the plantiffs witnesses, but that was ok for the ending results. The judge basically said that the buyer didn't prove that he was damaged anything and dismissed the case.
As I have written before, SAVE everything. You don't know when you have a problem until there is a problem. Once you hear the least amount of talk about an issue, start writing it down and recount EVERYTHING that has happened, you'll be gl;ad you did. You would be surprised what you don't remember 18 months later.