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We built our home in 2008 and had vinyl fascia installed for…

Hello! We built...

Hello! We built our home in 2008 and had vinyl fascia installed for low maintenance with a 20-30 year warranty. Total cost around $10,000. Over the last approx year we've noticed the fascia peeling. The company that installed it said that the supplier they bought the material from in 2008 is out of business. Therefore, they cannot send it back and have it replaced under warranty. What are my options if any? I don't want to replace it all again on my dime. Thank you, ***** *****

Lawyer's Assistant: What state are you in? It matters because laws vary by location.

Georgia

Lawyer's Assistant: What steps have you taken so far?

I have contacted the owner of the company. He just sent me a quote to replace what's currently peeling. He is taking no responsiblity however is said he gave me a break in price. My fear is over the years the rest will start to peel as well and this is going to be an ongoing problem

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

No that's it thanks!

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Answered in 19 minutes by:
3/15/2018
Attyadvisor
Attyadvisor, Attorney
Category: Real Estate Law
Satisfied Customers: 8,340
Experience: 30 years of experience in General Practice, Real Estate Law and Estate Law.
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Welcome and thank you for your question. I will be the professional that will be assisting you.

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Do you still have a copy of the warranty? Was this offered through the builder?

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Customer reply replied 1 month ago
We were the builders of our home and subcontracted the work out ourselves. I do not have the warranty.

Was your agreement with the company that installed the fascia?

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Customer reply replied 1 month ago
Their employee explained they warranty the labor not the material for 2 years

If that is the case and they warrantied the fascia it does not matter that the supplier is no longer in business.

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You need a copy of whatever you signed with the warranty.

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Is this company a licensed contractor in the State of Georgia?

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Customer reply replied 1 month ago
they are. They've been in business for many years
Customer reply replied 1 month ago
I don't have the warranty and honestly not even sure one was supplied upon completion

Perhaps a complaint is in order. Give me a few moments to provide the law. Is the real reason they won't honor the Warranty because the supplier is out of business or that the warranty did not cover material?

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Customer reply replied 1 month ago
I understood it to be the supplier is out of business. My words to them was I shouldn't be penalized because they choose a bad vendor that supplied cheap material. I'm sure it was cost effective for them profit wise.

I agree. Let me provide the link to file a complaint. Did you ever have a copy of the warranty?

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Customer reply replied 1 month ago
Just asked my husband and no neither of us remember receiving a warranty.

Complaint http://sos.ga.gov/index.php/licensing/submit_a_complaint

The law required them to provide the warranty in writing.

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Customer reply replied 1 month ago
should I ask them about the warranty and if they can supply me with one now?
Customer reply replied 1 month ago
basically they are still responsible and the excuse that the supplier is out of business has no value?

You should send them a certified letter return receipt requested asking them to provide you with a copy of the warranty for the work they performed on your real property. Give them a period of time to respond or you will have no alternative other to file a complaint against the company.

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Your agreement was with the contractor that performed the work. They pick the supplier.

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Based on you telling me this was a 20-30 year warranty they are responsible. Further, if the quality of the fascia was poor that is also the contractor's problem.

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Customer reply replied 1 month ago
What if they've changed their warranty since 2008? Am I then bound by the current warranty? Not saying its changed but it's certainly possible.

"What if they've changed their warranty since 2008? Am I then bound by the current warranty? Not saying its changed but it's certainly possible."

NO. They need to provide you with a copy of the warranty as it existed at the time you entered into the agreement.

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"Hello! We built our home in 2008 and had vinyl fascia installed for low maintenance with a 20-30 year warranty" They need to provide the 2008 Warranty.

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Please do not hesitate to ask me any additional questions that you may have with regard to this matter. It would be my pleasure to continue to assist you.

If you would be kind enough to rate my service positively so I will receive credit for my work from the site I would appreciate it. A positive rating will not impact your ability to obtain a refund.

You may not be familiar with how the site works. The Attorneys to not receive credit from the site for their time or with customers unless the customer provides a positive rating. We answer your questions in good faith, hoping for a good faith response regardless of whether the law is in your favor or not. If you were unhappy with my service please let me know that you would prefer to work with another Attorney and I will opt out.

Can you see the rating scale on your end, 5 stars?

Thank you for your consideration.

Attyadvisor
Attyadvisor, Attorney
Category: Real Estate Law
Satisfied Customers: 8,340
Experience: 30 years of experience in General Practice, Real Estate Law and Estate Law.
Verified
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Customer reply replied 1 month ago
Ok thanks! Also, hypothetically speaking, if they say "their" warranty covered for 5 years, after that the suppliers warranty takes over? Does that mean they're off the hook since its been 10 years?

Not necessarily. If the fascia was a poor quality product that is a problem for the contractor that installed the material

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Attyadvisor
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Category: Real Estate Law
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Experience: 30 years of experience in General Practice, Real Estate Law and Estate Law.

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