2-10 Home Buyers Warranty

Initial Business Response /* (1000, 4, 2015/06/05) */
The Office of the President at [redacted] ("[redacted]") are in receipt of the inquiry submitted under case XXXXXXXX by [redacted]. We have located [redacted]'s Limited Home Service Agreement ("Agreement") and...

applicable claim. Thank you for the opportunity to review and respond.
We do apologize for any confusion or misunderstanding that occurred regarding the non-covered charges associated with [redacted]'s air conditioning repairs. Our records indicate that on May 9, 2015 the independent service contractor stated that the compressor had failed and would need to be replaced. [redacted] researched and ordered a "like-kind" compressor that matched the features of the existing compressor and would be compatible with the unit. This decision was made pursuant to section B-1 of the Agreement which states, "When replacing a system, we are responsible for installing replacement equipment and parts of similar features related to primary function, capacity and efficiency, but not for matching dimensions, brand or color."
The $250 in non-covered charges that [redacted] mentions is the cost associated with piping modifications. We regret that it was not possible to provide a compressor that would be identical in fit to the failed compressor. For this reason, the service contractor needed to modify the connections to the compressor as well as some other miscellaneous piping to ensure that the new compressor would fit correctly in the new unit.
We acknowledge that [redacted] was not contacted regarding this non-covered charge prior to repairs being completed. While advising customers of non-covered charges is considered a courtesy, it is [redacted] policy to report these costs to a customer in advance via a telephone conversation. [redacted] strives to provide fast, reliable service and anything less is unacceptable. We will have this matter addressed internally.
With this said, we regret that this does not negate that the $250 cost is [redacted]'s responsibility. This is pursuant to section B-2 of the Agreement which states, "When replacement of systems or appliances of identical dimensions are not readily available, we are responsible for installation of replacement equipment, but not for the cost of construction or carpentry needed because of different dimensions." As such, [redacted] will not paying for this additional cost.
We further apologize for the delay that [redacted] experienced. While the compressor was ordered on May 18, 2015, this part was not available locally and had to be shipped from a different location. [redacted] was given an estimated time of 5-7 business days for arrival. We would note that per section B-9 of the Agreement, "We are not liable for failure to provide timely service due to conditions beyond our control; including but not limited to, delays in obtaining parts, equipment, weather delays or labor difficulties."
We apologize that we are not able to be of further assistance. We do appreciate [redacted] bringing his concerns to our attention as we do take these matters seriously. We look forward to serving his future warranty needs.
Sincerely,
[redacted]
Office of the President
[redacted]
Initial Consumer Rebuttal /* (3000, 6, 2015/06/10) */
(The consumer indicated he/she DID NOT accept the response from the business.)
The response put forth by [redacted] ("[redacted]") dictates the same response given during phone conversations with [redacted]. However, the response fails to address the fact that I was not given notice (be it a courtesy or not) that I would have to bear an additional cost. Had I known that I would have to bear an additional cost, I would have opted for a payout of the cost (as an option given to me) to repair the part instead of opting for [redacted] to continue with ordering and repairing the AC unit.
Simply put, [redacted] failed to provide me clear and complete information so that I would be able to make an informed decision. A decision that has cost more than expected.
Final Business Response /* (4000, 8, 2015/06/17) */
The Office of the President at [redacted] is in receipt of the rebuttal submitted by Mr. [redacted] We apologize for any dissatisfaction that Mr. [redacted]may feel due to the non-covered charges of $250 and the time in which he was advised of this amount. None-the-less, they are not eligible and we will not offer reimbursement.
Section A of Mr. [redacted]s Service Agreement discusses buyout offers. In this section it states, "We are not obliged to extend such an offer in any particular instance. Such offers are typically made subject to restrictions." As such, our company was under no obligation or expectation to offer Mr. [redacted]a buyout for cash in lieu of repairs.
We again apologize for any inconvenience that Mr. [redacted]may have experienced. At the same time, our company did act within the bounds stated in his Service Agreement when we elected to proceed with repairs.
Sincerely,
[redacted]
Office of the President
[redacted]
Final Consumer Response /* (4200, 10, 2015/06/25) */
(The consumer indicated he/she DID NOT accept the response from the business.)
I have nothing more to say regarding this issue and hope to never have to call [redacted] again but if I do, I expect a greater level of customer service.

The Office of the President at Home Buyers Resale Warranty Corporation (“HBRWC”) is in receipt of the inquiry submitted under case [redacted] by [redacted]. We have located [redacted]’s Limited Home service Agreement (“Agreement”) and applicable claim. Thank you for the opportunity to review and...

respond.
 
Our records indicate on March 7, 2017, [redacted] reported his air conditioner is not cooling. The independent contractor, [redacted] was dispatched to the property and reported online, they found the system low on refrigerant, recharged and added sealant.
 
On May 12, 2017 [redacted] once again reported the air conditioner is not blowing cold air. [redacted] was sent a recall visit and reported the compressor has locked up. There were issues with the technician from [redacted], the technician could not supply even basic information in order for us to order the equipment causing a delay in the claim. [redacted] was sent to contractor relations to investigate and address.
 
On May 23, 2017, the independent contractor, [redacted] was dispatched to the property and reported this is a heat pump system and found there is a large leak in the outdoor condensing coil and [redacted] was approved to replace the condensing coil. [redacted] completed installation on June 14, 2017. There was a recall dispatch for [redacted] and they found the leak seal did not hold for the indoor evaporator coil. Since the evaporator coil is located inside of the air handler in a heat pump system, HBRWC found it best to replace the air handler. The [redacted] air handler was ordered 7/3/17 for [redacted] to pick up. On July 11, 2017, [redacted] called and said the equipment is ready for pickup but he needed the equipment shipped to his shop. An internal error on our part or an error on [redacted]’s part, but [redacted] did not get the order to change to ship to shop until July 18, 2017. On July 28, 2017, a call was placed to [redacted] as to the status, [redacted] had not sent the order but gave the representative an ETA of 7/31/17. On August 3, 2018, [redacted] still did not have the equipment. A call was placed to [redacted] and they assured us it will go out today 8/3/18 and be at [redacted]’s on 8/4/17. On August 7, 2017, a follow up call to [redacted], the [redacted] rep stated the transfer will take an extra day. On August 8, 2017, [redacted]’s noted online they still have not received the equipment. The representative immediately called [redacted] to find out [redacted] still did not ship out the equipment. [redacted] assured us once again the equipment will go out today 8/8/17. There were confirmed 5 calls placed to [redacted] as to the status of the ship to shop order.
 
On August 14, 2017, [redacted] reported they received the air handler. On August 16, 2017, [redacted] reported this is a straight cool system and NOT a heat pump system. The straight cool system does not have an air handler but the evaporator coil sits on top of the furnace. Due to this new information, it was decided to move forward with full system replacement. A representative in the escalations division has been assigned to [redacted]’s claim to confirm completion.
 
HBRWC apologizes concerning the delays that occurred in [redacted]’s claim. There are some things that our out of our control. We had no control over the delay in the order of the air handler once it is placed through [redacted]. [redacted] originally reported this was a heat pump system and the air handler was ordered based on this. All of the contractors that are utilized by HBRWC are independently owned and operated. They are all licensed and insured and not employees of HBRWC. We have no right of control over their actions. However, we try to do everything possible to get a claim back on track. This is explained in the Agreement in the Terms & Conditions B-10 “We are not liable for failure to provide timely service due to conditions beyond our control; including but not limited to: delays in obtaining parts, equipment, weather delays, labor difficulties or scheduling difficulties between you and the service contractor.”
 
In [redacted]’s desired settlement, he is requesting HBRWC repair the issues in the house caused by not having ac in the south [redacted] heat and humidity. This is a Limited Service Agreement which is intended to reduce the amount of out of pocket expenses for mechanical breakdowns only and is not intended to replace homeowners insurance. Per the Terms & Conditions of the Agreement; B-6. “We are not liable for incidental, indirect, special, punitive or consequential damages or for bodily/personal injury or property damage.” We regret that the consequential damage to the home is not covered. We recommend [redacted] check with his homeowner’s insurance company. Due to the delay, [redacted] is being reimbursed for temporary cooling.
 
Sincerely,
Office of the President
Home Buyers Resale Warranty Corporation

Revdex.com:
I have reviewed the response made by the business in reference to complaint ID [redacted], and find that this resolution is satisfactory to me.
Sincerely,
[redacted]

Initial Business Response /* (1000, 5, 2015/10/16) */
The Office of the President at [redacted] of Virginia Inc. [redacted] HBW") has received the inquiry submitted under case number XXXXXXXX by [redacted]. Thank you for the opportunity to review and respond.
We do apologize for any...

frustration or inconvenience Ms. [redacted] may have experienced during the service request handling process. In Ms. [redacted] inquiry, she stated that her home did not have hot water.
Ms. [redacted] initiated a service request for her water heater on September 7, 2015. On September 11, 2015, [redacted] an independent network service contractor accepted the dispatch. They advised that Ms. [redacted] would be serviced on September 14, 2015. [redacted] HBW received the diagnosis from [redacted] on September 16, 2015. The diagnosis indicated that the water heater was rusted, leaking from the bottom, and needed to be replaced. The replacement was authorized and the new water heater was ordered the next day.
We do acknowledge that parts can take anywhere from 1-7 business days to be available. All equipment is ordered through local supply houses, and in most cases is available on the same business day. However, delays can occur if the necessary equipment is not readily available. While [redacted] makes every attempt to avoid such delays, section B-9 of Ms. [redacted] Agreement does state, "We are not liable for failure to provide timely service due to conditions beyond our control; including but not limited to, delays in obtaining parts, equipment, weather delays or labor difficulties."
With this said, [redacted] completed the water heater replacement on September 29, 2015. We apologize for the delay that occurred with this water heater. [redacted] strives to provide fast, reliable service and anything less is unacceptable. We will have this reviewed internally to prevent such delays from occurring in the future.
We regret that we have verified the $125 for piping modifications are not eligible for coverage under the Agreement pursuant to section B-2 which states, "When replacement systems or appliances of identical dimensions are not readily available, we are responsible for installation of "like-kind" equipment but not for the cost of construction or carpentry needed because of the different dimensions."
[redacted] does acknowledge that for 3.5 hours in September the [redacted] network which manages our telephone calls failed, and our telephone system was down within that time frame. This did effect other company's in addition to [redacted] but it was corrected promptly. It is possible that Ms. [redacted] had attempted to call during that timeframe. We would note that the telephone number to reach [redacted] is XXX-XXX-XXXX and that number has not changed, nor has any of the other contact numbers to reach specific departments within [redacted] As such, we cannot comment on the advertisements that Ms. [redacted] reports as [redacted] does not maintain any such contact numbers.
In her complaint, Ms. [redacted] requested a full refund of her Service Agreement ("Agreement"). Since repairs are completed, we can only pro-rate the reimbursement of the Agreement's cost. This is explained in the Agreements terms and conditions, section F3, "If this Agreement is canceled a pro rata refund of the purchase price of this Agreement for the unexpired term will be refunded to the party purchasing the Agreement." Ms. [redacted] will need to submit a written request to [redacted]@2-10.com for reimbursement.

We thank Ms. [redacted] for her understanding concerning this matter. At this time our records indicate the repairs to the water heater, garbage disposal, and the clogged kitchen sink have been completed. We do take these matters very seriously and we thank you for bringing these concerns to our attention.

Sincerely,
[redacted]
Office of the President
[redacted] of Virginia
Initial Consumer Rebuttal /* (2000, 7, 2015/10/19) */
(The consumer indicated he/she ACCEPTED the response from the business.)
I am over a barrel and have to accept 2-10 HBW response. But I would love to reject 2-10 Home Warranty with explanations of how even with their excuses here, they said ordering parts could take 1-7 days, but it took 13 days. That is not counting that it took 4 extra days to get the plumber in the first place, plus I also waited an additional 5 days before the part was even ordered for the plumber. Fast and efficient service my foot! I think at the very least I should get my full refund and not pro-rated for my pain and suffering through 22 days without hot water. Not 1-7 days for sending the water heater to the plumber. Waiting over three weeks for hot water.
No business should be able to hide behind "it's not my fault" rhetoric. Am I dealing with politicians here? I am more than disappointed that it took 22 days from the time I reported having no hot water to having the problem remedied. What good is a home warranty if they can't get things done in less time than that!? It's not like it was a minor detail. I had a leaking water heater that provided NO hot water for 22 days while 2-10 HBW dragged their feet for a minimum of 13 days after the plumber's diagnosis for 2-10 to take care of getting the water heater to the plumber for them to install. I called the plumber every day. They kept saying, "We haven't heard anything from 2-10." Or, "We are still waiting to receive something from 2-10." The plumber can't install what you don't send them! What kind way is that for you to run a business?
To say this matter is settled is a crock. I am far from happy about this situation and will continue to tell family and friends to avoid this type of added expense. There is no peace of mind spending my hard-earned money on a system that kept me without hot water for 22 days. I could have called a private plumber without going through 2-10 and had everything diagnosed, ordered and fixed in 1/2 the time if not less than that.
I have spoken to other plumbers, and they assure me this is not normal and they could have handled the situation in an expedited manner. They also assure me that the customer, myself, should not have to endure the inconvenience of a major problem of no hot water for more than a week, much less 22 days. What the heck would happen if my heat went out in the winter? Would it take a month to get 2-10 HBW to take care of it?
I will fill out the form for a refund because I don't want the company keeping my money any longer. I refuse ever to use these people again, and I will make sure all of my family and friends know the reasons why. I will never recommend 2-10 HBW for anything except to advise people NOT deal with those who can't deliver on promises but stand behind a shield of, "You can't touch me because it's not my fault."
I hope they manage problems for others better than they did for me. Thank you to the Revdex.com for hearing my problem, and I hope those who read about this will heed my warning. There is no peace of mind giving money to people who won't stand behind their obligation to help their customers promptly. I was "in Limbo" for 3 weeks wondering WHEN I would have hot water and dealing with all the inconveniences. Even when they emailed me that the water heater was going to arrive for the plumber to install, it took another week after it was supposed to get to them. I believe the management must have changed because surely these people could not stay in business with zero customer support and an "Oh, well" attitude. Unacceptable.

The Office of the President at Home Buyers Resale Warranty Corporation (“2-10 HBW”) is in receipt of the inquiry submitted under case [redacted] by Mr. [redacted]. We have located Mr. [redacted]’s Limited Home service Agreement (“Agreement”) and applicable claim. Thank you for the opportunity to review and...

respond.
 
Our records indicate on January 1, 2018, Mr. [redacted] reported his furnace is making an unusual noise. The independent contractor, [redacted] [redacted] was dispatched to the property and reported online he replaced the fan motor on January 3, 2018. Then we were notified later from Mr. [redacted] that [redacted] damaged his furnace.  There were no other details noted about the damage. This was sent to our contractor relations department due to this is now a property damage claim. M.E was notified and said they will revisit the home. They wanted it reported that the disposable air filter that they took out was extremely dirty. You do not replace a dirty air filter, you must replace it and it should be replaced monthly. The technician refused to put the dirty filter back because it restricts air flow and causes premature wear and tear of the blower motor. Replacing the air filter is a maintenance issue which is not covered under the Agreement under the Terms & Conditions; B-16; “You are responsible for cleaning and/or maintaining as specified by the equipment manufacturer.” This means that Mr. [redacted] is responsible for replacing his own air filter. [redacted] advised they will schedule with Mr. [redacted] to address the leaking water.
 
All of the contractors that are utilized by 2-10 HBW are independently owned and operated. They are all licensed and insured and not employees of 2-10 HBW. We ask Mr. [redacted] to resolve his property damage claim with [redacted] If for some reason, [redacted] does not schedule with Mr. [redacted], We ask Mr. [redacted] to call 2-10 HBW and we will dispatch another contractor to check the water issue in the furnace.
 
In Mr. [redacted] desired settlement, he is also requesting a full refund of the Agreement. The Agreement is a contract and the only way to receive any funds back is by cancelling the Agreement. We would be disappointed to see Mr. [redacted] cancel his Agreement, but if he is considering this, he can cancel his Agreement with 2-10 HBW by sending a written request to [email protected]. The Agreement would be cancelled as stated in section F of the Terms & Conditions of his Agreement, which states: “If you cancel this Service Agreement, you shall be entitled to a pro rata refund of the paid Service Agreement fee for the unexpired term less service cost(s), any other unpaid charges” We regret that we cannot offer a full refund of his Agreement. Due to his dissatisfaction with the service and the contractor assisting in his claim, his service fee has been refunded. It will take approximately 10 to 14 business days to receive the check.
 
We apologize to Mr. [redacted] that he did not receive the quality service that he expected as 2-10 HBW is committed to providing superior home warranty protection and customer service. His feedback allows our company to serve our customers better. We will have his concerns reviewed and addressed internally so we may make corrections and continue to improve our service.
 
Sincerely,
Office of the President
Home Buyers Resale Warranty Corporation

The Office of the President at Home Buyers Resale Warranty Corporation (“HBRWC”) is in receipt of the inquiry submitted under case [redacted] by [redacted]. We have located [redacted]’s Limited Home Service Agreement (“Agreement”) and applicable claim. Thank you for the opportunity to review and...

respond.   Our records indicate on June 21, 2016 there was a claim made stating the air conditioner is not blowing cold air. The independent service contractor, Reliable Air was dispatched to the home and reported the Trane compressor was pulling high amps. He recommended replacing the compressor or the condensing unit. There were no failures found on the indoor air handler. It was decided to replace the condensing unit or offer [redacted] a buyout. [redacted] decided to move forward with the replacement of the condensing unit and he agreed to pay the out of pocket cost of the indoor air handler to the contractor.   To clarify why [redacted] would be responsible for the air handler. The condensing units manufactured now, use R410A refrigerant and are 14 seer or higher rated. The evaporator coil inside the existing air handler, due to its age, would not be compatible to the new condensing unit. There must be a failure to the air handler (such as a Freon leak in the coil) in order for it to be eligible for coverage. This is stated under the Terms & Conditions “We provide service for covered systems and/or appliances: 2. Which do not operate correctly due to normal wear and tear;” The existing air handler does operate correctly.   The existing air handler which is not compatible with the new rating of the condensing unit is not eligible for coverage. Per the Terms and Conditions of the Agreement, section B-1 which states; “We are not responsible or liable to upgrade equipment, components or parts due to: (a) the incompatibility of the existing systems and appliances with the replacement system, appliance or component thereof; (b) any type of chemical or material needed to run the replacement systems, appliance or component including, but not limited to, differences in technology, refrigeration requirements or efficiency; or (c) mandates by federal, state or local governments, except where otherwise noted in this Service Agreement.”   In [redacted] complaint, he is referring to page 4 of the Agreement which states: “Upgrades related to R410A compatibility regulations, including plenum modification. Since there is no failure to the coil in the air handler, it is not a covered repair and therefore does not qualify for the upgrades. ” For example, if the air handler coil did leak Freon, it would be eligible for coverage. Then if the air handler were replaced to match the condensing unit, it would qualify for upgrades such as plenum modifications.   There is an option called the HVAC Plus which can be purchased at the inception of the warranty or at renewal, which would have assisted in [redacted]’s out of pocket expense. It is also explained on page 4 under the air conditioning;   HVAC Plus (OPTIONAL COVERAGE) Perform service related to mismatched systems, components having incompatible capacity ratings on covered system or other code violations deemed necessary to affect covered repairs and replacements to heating or air conditioning. EXCLUDED: Upgrades not related to an eligible repair. DOLLAR LIMITS PER SERVICE AGREEMENT: Cost to diagnose, repair and/or replace - $1,000.     Unfortunately [redacted] did not purchase the HVAC Plus. We apologize that we are not able to provide coverage for the indoor air handler since it is not eligible for coverage as outlined in his Service Agreement.  We do appreciate him bringing his concerns to our attention and we look forward to serving his future warranty needs.   Sincerely, Office of the President Home Buyers Resale Warranty Corporation

The Office of the President at Home Buyers Resale Warranty Corporation (“HBRWC”) is in receipt of the inquiry submitted under case [redacted] by [redacted]. We have located [redacted]’s Limited Home service Agreement (“Agreement”) that went into effect June 29, 2016 and applicable oven claim. Thank...

you for the opportunity to review and respond.
 
Our records indicate on July 3, 2016, [redacted] reported her oven was over heating and it ruined her cake. Independent service contractor, [redacted] was dispatched but did not give us a failure. Due to the Agreement just going into effect. A representative called and spoke to [redacted] and asked her how long she’s been experiencing this issue. She said as soon as they moved in on July 1, 2016, she tried to cook that night and the next day and the oven was not working. The representative explained that the warranty does not cover for pre-existing conditions and the failure would not be eligible for coverage. This is explained in the Agreement under the Terms & Conditions “3. are in place and in good and safe working order at the beginning of the Service Agreement. Coverage will apply to an existing defect or mechanical failure provided the defect or mechanical failure could not have been detected by a visual inspection and a simple mechanical test.”
 
A supervisor has been assigned to this case and has called [redacted]. A voice mail was received and a message was left with his direct contact number to discuss this matter further and to clear up any miscommunication. We do encourage her to contact him.
 
HBRWC would like to apologize for any inconvenience [redacted] may have experienced.  We value her business and we look forward to hearing from her soon.
 
Sincerely,
Office of the PresidentHome Buyers Resale Warranty Corporation

Our records indicate on May 6, 2016, [redacted] reported the pump casing is cracked and needs to be replaced. Independent service contractor, [redacted] was dispatched to the home and reported that the pump casing is cracked and he was not sure how this occurred. The pump was ordered. The...

contractor reported he never received it. According to the tracking #, it was delivered to the correct address and left at the door step and was not signed for.
 
[redacted] had his own out of network contractor, [redacted] diagnose the pump. The technician reported that he has only seen this happen on a couple of pumps and it is usually due to improper winterization or improper maintenance but could be due to age. In light of this new information, since [redacted] live in Ohio, and this could be due to improper winterization and not normal wear and tear. HBRWC requested the home inspection from [redacted]. Even though it is not required to have a home inspection, it is a safeguard for the customer to have one done in the event of issues such as this. This Home inspection would show us the pump was in good working order at the beginning of the service period. Pursuant to the Agreement under Terms & Agreement; “We provide service for covered systems and/or appliances: 3. “are in place and in good and safe working order at the beginning of the service period. Coverage will apply to an existing defect or mechanical failure provided the defect or mechanical failure could not have been detected by a visual inspection and a simple mechanical test. A visual inspection of the covered item means that it is intact and without damage or missing parts that make the item inoperable.” We have not yet received the home inspection.
 
HBRWC would like to apologize for any inconvenience [redacted] may have experienced.  We regret that until we receive the home inspection, we cannot be of further assistance in this regard. 
 
Sincerely,
Office of the PresidentHome Buyers Resale Warranty Corporation

The Office of the President at Home Buyers Resale Warranty Corporation ("HBRWC") is in receipt of the rebuttal submitted by [redacted].  Thank you for the opportunity to review further.
 
We would refer [redacted] to our previous response in which we indicated all of the contractors that are utilized by HBRWC are independently owned and operated. They are all licensed and insured and not employees of HBRWC. If [redacted] feels that the independent service contractor, Advance workmanship is improper and they caused damage, her dispute is with the independent service contractor, Advance and not HBRWC. Advance is willing to warranty their work but [redacted] will not permit them back on the property. This is the reason we make sure all of the independent contractors we “contract with on pricing” are licensed and insured.
 
The rebuttal provides no additional information. [redacted] should be settling with Advance and not HBRWC. We respectfully request the Revdex.com to consider this matter closed.
 
Sincerely,
Office of the PresidentHome Buyers Resale Warranty Corporation

2-10 Home Buyers Warranty is in receipt of Complaint [redacted] submitted by Mr. [redacted] D [redacted] regarding his warranty with Builder Backed Service Program (“BBSP).  Thank you for the opportunity to review and respond.
 
We sincerely apologize for any frustration or inconvenience that Mr....

[redacted] may have experienced during the complaint process.  We would like to begin by explaining Mr. [redacted]’s warranty terms and BBSP’s role with warranty complaints as outlined in Mr. [redacted]’s warranty booklet.  As the administrators of the warranty, BBSP assists with communication and conciliation, however, we are not responsible for any repairs or reimbursement of costs for repairs that a homeowner makes.
 
This is explained in Section IV-C:  What BBSP Will Do when it states, “Once BBSP has received Your Notice of Defect, it will again notify your builder of Your Defect(s). If you and you builder still cannot resolve your differences even with BBSP’s conciliation help, then you and your Builder must arbitrate your dispute under the arbitration agreement set forth in this booklet. BBSP will provide a form for you to request arbitration after you have completed the procedure described above. If BBSP determines that your builder cannot or will not participate in arbitration, or your builder refused to pay or perform an arbitration award in your favor, BBSP will notify you of that fact.”
 
BBSP does acknowledge that as of November 17, 2017 the builder had not provided their position in writing regarding the items that Mr. [redacted] submitted.  Therefore, based upon the warranty guidelines, Mr. [redacted]’s next option would be to submit for binding arbitration.  BBSP can assist with that process, and Mr. [redacted] is welcome to contact us at any time to discuss this further.
 
With this said, BBSP would like to address the items that Mr. [redacted] specifically mentioned.  In his complaint Mr. [redacted] states that there were multiple repairs that he had performed and paid for out of pocket.  Pursuant to Section III-E of the warranty booklet: “Except for authorized emergency repairs do not repair or attempt to repair a claimed Defect or Structural Defect before the builder has an opportunity to inspect the Defect or Structural Defect. Any attempt to repair a claimed Defect or Structural Defect, other than an authorized emergency repair, will make it impossible to assess whether the Defect or Structural Defect was covered by this warranty, whether the repair was correct, cost-effective, necessary, and effective, or whether the problem could be resolved in another way. Unless an emergency Defect or Structural Defect repair is authorized, the builder will have no responsibility to reimburse any costs due to repair, replacement, and expenses, including engineering and attorney’s fees.”  As such, the builder may not be responsible for reimbursement of any of those items under the terms of the BBSP warranty.
 
Additionally, we would advise Mr. [redacted] of what Section VIII of the warranty states regarding the pavers that were sunken around the pool.  Specifically, “Unless you and your builder have agreed in writing otherwise, this warranty does not provide coverage for any of the following items, which are specifically excluded.  Damage to swimming pools, tennis courts and other exterior recreational facilities; driveways; boundary walls, retaining walls and bulkheads (except where boundary walls, retaining walls and bulkheads are necessary for the structural stability of the Home); fences; landscaping (including sod, seeding, shrubs, trees, and plantings); sprinkler systems, patios, decks, stoops, steps and porches, outbuildings, detached carports, or any other appurtenant structure or attachment to the dwelling; or other additions or improvements not a part of Your Home.”
 
Per the homeowner’s report we acknowledge the four items which you have remaining on the list that was submitted to BBSP on August 24, 2017.  A BBSP representative has reached out to the builder again to request their position.  However, we would again refer Mr. [redacted] back to the warranty booklet which states that since the builder is not responding the next step available to him through the warranty would be to submit a request to initiate arbitration.  We await Mr. [redacted]’s response to this and are happy to speak with him further.
 
BBSP would again like to thank Mr. [redacted] for bringing his concerns to our attention so we may review & address the matter further.  We ask that he please contact us at ###-###-#### or by email at [redacted] with any further questions or concerns so we may assist him further.
 
Sincerely,
[redacted]
Warranty Administration Specialist
2-10 Home Buyers Warranty, Builder Backed Service Program

2-10 Home Buyers Warranty (“2-10 HBW”) is in receipt of complaint [redacted] submitted by James [redacted].  Thank you for the opportunity to review and respond.
 
We apologize for any frustration or inconvenience that Mr. [redacted] may have experienced during the complaint process.  Our...

records indicate that the effective date for Mr. [redacted] warranty was July 27, 2015.  Per the terms of Mr. [redacted] warranty booklet, loose or broken tile and/or improper installation of the subflooring are only warrantable during the 1 year Workmanship period.  In his complaint Mr. [redacted] notes that this defect to the tile was first observed on January 2017.  In turn, this was not reported to 2-10 HBW until April 20, 2017, 20 months into the warranty period.
 
As such, we regret that the warrantable workmanship term had expired when the loose tile was reported to 2-10 HBW.  The builder is not responsible for addressing this tile or making any repairs.  Similarly, Mr. [redacted] tile is not warrantable through 2-10 HBW regardless of the reason for the failure.  This is pursuant to the terms and conditions outlined in Mr. [redacted] warranty booklet, Section IV-D which states, “Workmanship and systems defects must be reported to 2-10 HBW as soon as possible but no later than 7 days after the expiration of the warrantable term.”
 
We do empathize with Mr. [redacted] situation, particularly with the safety concerns that he has for his children.  At the same time, 2-10 HBW is bound by the terms of the warranty as well as applicable New Jersey state laws which govern our business practices.  If an item is not reported within the warrantable period, then it is not covered and 2-10 HBW will not be able to offer assistance towards repairs.
 
While this is not warrantable, 2-10 HBW does appreciate Mr. [redacted] bringing this to our attention so we could review the matter further.  We apologize that we are not able to be of further assistance with this matter.
 
Sincerely,
Rachel Reeves
Warranty Administration
2-10 Home Buyers Warranty

The Office of the President at Home Buyers Resale Warranty Corporation (“HBRWC”) is in receipt of the inquiry submitted under case [redacted] by Mr. [redacted]. We have located Mr. [redacted]’s Limited Home service Agreement (“Agreement”) and applicable claim. Thank you for the opportunity to review and...

respond.
 
Our records indicate on November 21, 2016, Mr. [redacted] reported his garage door is not turning on. The independent contractor, [redacted] was dispatched and reported the openers Torque Master Spring system broke and not allowing the system to open and close. The spring system is hard wired in together with the opener and both need to be replaced. The contractor had only reported the spring had broken. He did not report the opener was not operating. The representative explained to Mr. [redacted] that the opener would be an out of pocket cost due to there is no failure to it. Our outbound team received the follow up for this claim. The representative had not heard of this type of setup for a garage door opener before. He called the contactor who reported this is a Torque Master Spring system which are hard wired together. However, this time the technician reported the opener had also shorted. The contractor was approved to replace the opener and the spring. The representative called Mr. [redacted] and left a voice message on the status. The contractor stated that Mr. [redacted] has not yet paid his $100 service fee for his visit to the home. Per the Agreement on page 3 under; Who pays what? “The Buyer/Seller is obligated to pay the service fee or the actual cost to repair and/or replace, whichever is less, for each separate service request. A service request means each visit by a service contractor for a single service. The service fee is due when the service contractor arrives at the home.” The service fee is kept by the independent contractor for his time to diagnose. If Mr. [redacted] would like to move forward with this claim, he can contact the contactor directly to schedule install.
 
HBRWC again apologizes to Mr. [redacted] for the experience he has had concerning this claim. We work very hard to prevent situations like this and would be saddened to see him leave the company. If Mr. [redacted] is still considering cancelling his Agreement with HBRWC, he may send a written request to [redacted]. The Agreement would be cancelled as stated in section H-3 of his Agreement, which states: “The Provider is the responsible party for honoring cancellation requests. Such requests must be received in writing. You may cancel this Service Agreement at any time (send your written request to us at [redacted])...If this Service Agreement is canceled after 30-days, the owner of the home at the covered address will receive a pro-rata refund of the purchase price for the unexpired term less service costs and unpaid charges.”
 
Sincerely,
Office of the President
Home Buyers Resale Warranty Corporation

The Office of the President at Home Buyers Resale Warranty Corporation (“HBRWC”) is in receipt of the inquiry submitted under case [redacted] by [redacted]. We have located [redacted]’s Limited Home service Agreement (“Agreement”) that became effective June 16, 2017 and applicable claim. Thank you...

for the opportunity to review and respond.
 
Our records indicate on June 17, 2017, [redacted] reported his air conditioner is not blowing cold air. The independent contractor, [redacted] was dispatched to the property and found the compressor is no longer pumping. The representative determined the failure pre-dated the effective date of the Agreement and the claim was denied due to the Terms & Conditions of the Agreement; 3. “are in place and in good and safe working order at the beginning of the Service Agreement. Coverage will apply to an existing defect or mechanical failure provided the defect or mechanical failure could not have been detected by a visual inspection and a simple mechanical test.” The representative left a voice message at the Entrican’s residence explaining the claim was not eligible for coverage.
 
After management review, the denial was overturned and it was determined that HBRWC would offer coverage to replace the compressor. It was found the compressor is still under MFW and [redacted] has coverage for the $108. A representative of this department called the Entrican’s residence and left a voice mail explaining the claim is overturned. The contractor has been authorized to swap out and replace the manufactured warranty compressor. To coordinate with the contractor for installation.
 
HBRWC would like to apologize for the inconvenience [redacted] may have experienced. We value his business and we look forward to serving his future warranty needs.
 
Sincerely,
Office of the President
Home Buyers Resale Warranty Corporation