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I have a question about a home builder voiding my warranty…

I have a question...

I have a question about a home builder voiding my warranty and how to move forward with my issue with them.

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

Texas

Lawyer's Assistant: Has anything been filed or reported?

No, I am supposed to go through mediation before I do anything. I want to find out if their explanation holds water

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Answered in 5 minutes by:
3/1/2018
legalgems
legalgems, Arbitrator
Category: Real Estate Law
Satisfied Customers: 13,988
Experience: Just Answer consultant at Self employed
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Hello! I will be reviewing your question and posting a response momentarily; if you have any follow up questions please respond here. Thanks!

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What is your question please?

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Customer reply replied 5 months ago
After I moved into my new home that was built I called my old alarm company to set up my alarm system. When my security company set up my system they found the front door wiring for the front door panel was not found or detected. My security guy figured the line or wire had been cut. The electric company working for my builder says since I went with my old company it voids my warranty and my builder agrees with them. I had both my security guy and electric company guy come look at it to verify the issue. The electric guy said usually some contractor or construction worker most likely cut the line after the electric company installs the wires before the doors, walls, windows are installed. Basically I'm told my warranty is void and they wont do anything to fix it. My contract on the house says I can't go to court and must go through arbitration. I have the warranty and contract. I'm not seeing anything voiding my contract for this situation. I can see it being voided if my security guy came in and broke stuff but I've already confirmed through the electrician guy that came our that this happened before. I dont think the builder or electric company want to do it because they will have to tear down dry wall for four cut wires. The three others were two windows and the garage door. My security guy placed wireless sensors for now and I still do not have a front door panel. I added the sales contract and warranty info. 1.) Is my warranty really voided and 2.) Can I still take them to court after the required arbitration?
The warranty information (second link) under section C "warranty exclusions" specifically excludes any work or changes done by third parties. There is no page reference so if you use the Search function and type "warranty exclusions" you should be able to find that.Binding arbitration means the decision is binding and final normally but I will review that as well.
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The arbitration is binding and any appeal would be through arbitration not through the courts.
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I see you gave a negative rating; did you have further questions on the above?
please let me know and I will do my best to get you the requested information.

Thank you and the best of luck to you dealing with this issue.

Take care.

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Customer reply replied 5 months ago
I read the warranty and contract info before I posted here. Maybe I need to explain my question better. The electric company installed it correctly, the builder then broke it. The electric company is saying I voided the warranty by going with another security company for the monitoring. They refused to fix it. It was broken before I got the new house and my security company found the bad wiring. That doesn’t seem legal to do that. Is there any anti trust or monopoly laws against making their warranty guarantee they are the only company to use? Should I go after the builder or electric company?
No, there is not. Most contractual warranties will void if a third party is hired. It is possible for the third party to argue it was found in that position but that will come down to a court determination based on evidence presented and which side the court believes (weighing testimony for example ).One can argue res ipsa loquitor or the thing speaks for itself, but that doctrine typically applies only when no third party had access to the item at issue.Any person involved in possibly causing the issue can be named as codefendants and the court will determine liability.
legalgems
legalgems, Arbitrator
Category: Real Estate Law
Satisfied Customers: 13,988
Experience: Just Answer consultant at Self employed
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DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

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