Consumer Protection Law

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Purchased a home a year ago with a transferrable Lifetime…

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Purchased a home a...

Purchased a home a year ago with a transferrable Lifetime Foundation Warranty. Started having issues in December and notified the Warranty company, they came out and set up an appointment to address the issue. Since then that appointment has been repeatedly pushed back, at least twice they simply failed to show up altogether. Now they fail to respond to any form of communication. The lack of resolution to these foundation issues continue to cause widespread cracking and separation in the home. We believe them to be in full default of the Warranty. How can we move forward with legal action?

Lawyer's Assistant: Because consumer protection law varies from place to place, can you tell me what state this is in?

Houston, Texas (FYI - Home was not in a flood zone or flooded area during recent Hurricane)

Lawyer's Assistant: Have you contacted the manufacturer?

Home is not a new build. Was built in 1980.

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

I believe that is it.

Submitted: 10 months ago.Category: Consumer Protection Law
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10/4/2017
Consumer Protection Lawyer: Legal Eagle, Lawyer replied 10 months ago
Legal Eagle
Legal Eagle, Lawyer
Category: Consumer Protection Law
Satisfied Customers: 14,319
Experience: Licensed to practice before state and federal court
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Hello! I am a licensed attorney, admitted to practice in state and federal court. I have a nearly

100% satisfaction rating (click here for more info) so all that means is that you can count on me to help today. Do you mind if I take a moment to review your question?

Please keep in mind that our conversation does not include an attorney-client relationship and this is for general information purposes only. Additionally, most people believe a phone call is the easiest and most efficient way to handle problems. Accordingly, you will receive an automatic phone call request. If you would like a phone call, please click “Accept” when prompted.

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Consumer Protection Lawyer: Legal Eagle, Lawyer replied 10 months ago

Thank you for your patience. This appears to be a breach of contract based on the failure to perform within a reasonable time because they have not returned to address the issue. Courts regularly look toward the Uniform Commercial Code as their guide, since many states have adopted this code into their own statutes. Under UCC Section 2-309(1), the law says that each party has a reasonable time to perform if it is not expressly stated in the contract. What is considered “reasonable” is a matter of fact and depends on the circumstances, but it is an argument that you would have to make that it is unreasonable. Regardless, there is a legal basis for your particular claim. To facilitate your situation, there’s a site that I’ve used in the past where you can find a good template for advising of a breach of contract (click here). It's a bit easier (and cheaper) than going through litigation and I have seen it be effective in the past.

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