Legal Question in Real Estate Law in Kentucky

haven't received 2-10 warranty after 3 motnhs

Hi,

I bought a house approx. 3 months ago and I haven't received the 2-10 warranty yet. The builder keeps saying that he'll take care of it but I see nothing clear. Now the house needs minor fixings and I have to keep calling the builder to send someone to take care of it.

How can I make him honor the contract?...should I go to the court house?


Asked on 11/29/03, 12:45 pm

1 Answer from Attorneys

Philip Owens Philip M. Owens, Attorney at Law

Re: haven't received 2-10 warranty after 3 motnhs

A "2-10 Warranty" is usually through a third party. The builder pays a premium or it is included in your loan package. The premium is sent in after closing. You should have signed the application and should have a copy. It is not unusual for the documentation on the warranty to take some time after closing to arrive. Call the 2-10 warranty company to check on it or you can call the closing agent or your lender. Check your settlement statement (HUD-1) to see who paid. This will usually be on page 2. You can force the builder to comply but you may be premature. If he doesn't comply, seek independent local counsel and get his/her advice.

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Answered on 11/29/03, 10:16 pm


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