Monday, April 27, 2015

A company built our house and then filed bankruptcy, we have a 1 yr. warranty do they have to honor it?

Question

A company built our house and then filed bankruptcy, we have a 1 yr. warranty do they have to honor it?



Answer

Without reading the construction/sales contract and the warranty, it is impossible to evaluate the builders duty, with any certainty. Whether filing for bankruptcy will protect them, will depend upon which chapter, and whether they were bonded. However, many builders purchase warranties, for the buyer, from third party companies that specialize in warranties. If that is the case, the bankruptcy probably doesn't effect your coverage. Also, if the builder was bonded, you may still have an outlet for a warranty claim. If you are still concerned, you should gather your documents, and consult directly with a civil practice attorney in your area.

Good luck



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