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Old 11-29-2012, 14:05   #1
Lonestar 48
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Medical warranty thread going down the tubes; how about foundation warranty

My foundation isn't made of herbs, it wasn't built by Chinese doctors, I'm not offering advice that could kill anyone, and I'm not going to open my own foundation company, so you three from the other thread, and you know who I'm talking about, don't start arguing over here!

We bought our house 8 years ago and it came with a foundation warranty as there had been some repairs. This year, we're getting some Grand Canyon sized cracks going. Almost a chihuahua in one of them, but despite the advice here, I jumped in and saved him.

I called the foundation company to get the warranted repairs going, and I was told the sellers never paid the $100 fee and transferred the warranty, so there is no warranty. Guys, give me some suggestions; do I have any recourse?
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Old 11-29-2012, 14:07   #2
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You bought the house on the condition there was a foundation warranty? The previous owners assured you there was a foundation warranty?

Sounds like you may have recourse with the previous owners.
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Old 11-29-2012, 14:14   #3
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Quote:
Originally Posted by Lonestar 48 View Post
My foundation isn't made of herbs, it wasn't built by Chinese doctors, I'm not offering advice that could kill anyone, and I'm not going to open my own foundation company, so you three from the other thread, and you know who I'm talking about, don't start arguing over here!
I don't think you get how this "internet forum" thing works. Once a thread is started, it has a life of its own, you don't "own" it or get to control what's said.

Having said that:
Quote:
I called the foundation company to get the warranted repairs going, and I was told the sellers never paid the $100 fee and transferred the warranty, so there is no warranty. Guys, give me some suggestions; do I have any recourse?
Does the paperwork that you got when you bought the house explicitly say it was the sellers' responsibility to transfer the warranty to you?
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Old 11-29-2012, 14:26   #4
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Quote:
Originally Posted by devildog2067 View Post
I don't think you get how this "internet forum" thing works. Once a thread is started, it has a life of its own, you don't "own" it or get to control what's said.

Having said that:

Does the paperwork that you got when you bought the house explicitly say it was the sellers' responsibility to transfer the warranty to you?
You have to admit that the other thread turned, what I thought, was a valid question into a verbal assault on a poor little herbalist.

It does say "Foundation Warranty" but does not explicitly state that the buyer was to transfer it. In the copy of the company's warranty that they sent, it does explicitly say that the seller is to transfer the warranty and pay the fee.

I feel like the seller is still responsible, but if they balk, the input I'm looking for is what do I do then? Just fishing for some "friendly" suggestions.
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Old 11-29-2012, 14:26   #5
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Quote:
Originally Posted by Lonestar 48 View Post
My foundation isn't made of herbs, it wasn't built by Chinese doctors, I'm not offering advice that could kill anyone, and I'm not going to open my own foundation company, so you three from the other thread, and you know who I'm talking about, don't start arguing over here!

We bought our house 8 years ago and it came with a foundation warranty as there had been some repairs. This year, we're getting some Grand Canyon sized cracks going. Almost a chihuahua in one of them, but despite the advice here, I jumped in and saved him.

I called the foundation company to get the warranted repairs going, and I was told the sellers never paid the $100 fee and transferred the warranty, so there is no warranty. Guys, give me some suggestions; do I have any recourse?
Here you likely would and the statute of limitations on suing on written contracts here is 15 years. Go talk to a real estate lawyer and see what you can do in your state.
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Old 11-29-2012, 14:27   #6
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Originally Posted by Lonestar 48 View Post
You have to admit that the other thread turned, what I thought, was a valid question into a verbal assault on a poor little herbalist.
Yeah, it was pretty weird.

Quote:
It does say "Foundation Warranty" but does not explicitly state that the buyer was to transfer it. In the copy of the company's warranty that they sent, it does explicitly say that the seller is to transfer the warranty and pay the fee.

I feel like the seller is still responsible, but if they balk, the input I'm looking for is what do I do then? Just fishing for some "friendly" suggestions.
I think Bren is probably right; also, he's a lawyer so his opinion carries more weight on this than mine does. Find yourself a real estate lawyer.
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Old 11-29-2012, 14:28   #7
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Originally Posted by Bren View Post
Here you likely would and the statute of limitations on suing on written contracts here is 15 years. Go talk to a real estate lawyer and see what you can do in your state.
Thanks Bren; I really didn't know who to turn to. Would you think I should just go to the lawyer, or should I try to contact the seller first?
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Old 11-29-2012, 14:33   #8
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Originally Posted by Lonestar 48 View Post
Thanks Bren; I really didn't know who to turn to. Would you think I should just go to the lawyer, or should I try to contact the seller first?
What is the seller going to do?

The way I see it, your choices are

a) try and find a way to get the warranty honored by the company (which the seller wouldn't have anything to do with)
b) try and make it the seller's problem (which is what you need the lawyer for)
c) pay out of pocket

Am I missing something? The only way I see contacting the seller making sense is if they can still pay the $100 and transfer the warranty.
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Old 11-29-2012, 14:41   #9
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Originally Posted by devildog2067 View Post
What is the seller going to do?

The way I see it, your choices are

a) try and find a way to get the warranty honored by the company (which the seller wouldn't have anything to do with)
b) try and make it the seller's problem (which is what you need the lawyer for)
c) pay out of pocket

Am I missing something? The only way I see contacting the seller making sense is if they can still pay the $100 and transfer the warranty.
You're right; I doubt the company would even allow the transfer fee to be paid now, so that knocks out option a, and the option of contacting the seller. Thanks for the input.
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Old 11-30-2012, 21:00   #10
.264 magnum
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Quote:
Originally Posted by Lonestar 48 View Post
My foundation isn't made of herbs, it wasn't built by Chinese doctors, I'm not offering advice that could kill anyone, and I'm not going to open my own foundation company, so you three from the other thread, and you know who I'm talking about, don't start arguing over here!

We bought our house 8 years ago and it came with a foundation warranty as there had been some repairs. This year, we're getting some Grand Canyon sized cracks going. Almost a chihuahua in one of them, but despite the advice here, I jumped in and saved him.

I called the foundation company to get the warranted repairs going, and I was told the sellers never paid the $100 fee and transferred the warranty, so there is no warranty. Guys, give me some suggestions; do I have any recourse?
Where do you live as in major nearby cross streets? No one outside DFW will have any idea what we are talking about.

ETA - my brother is an architect in Fort Worth. One of my good friends is a foundation repair contractor in Dallas FWIIW.
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