Consider it Done

Response taken over the phone: We met with the consumer on 9/16/ The warranty item was completed

August 11, 2015J & M Home BuildersEnclosed please find a walk through sheet that was signed 11/by *** and Ann Marie LuterekIt states that everything was to his satisfaction with the remainder of work to be done (under Notes) final grading/Front Landscape/sod and paint
exterior doorsThe work was completed in the spring. Also enclosed is a copy of his signature on First Amendment to Homeowners Association offering Plan,a copy of the last page of our contract and a Limited Warranty sheet stating that on 7/19/he did receive a copy of the Association Book and a copy of the Warranty that our company gives each home owner, before signing the new home contractIt states the procedure that is required to register a Warranty Claim, (enclosed you will find a blank form, provided in the book) Enclosed please find the flrst pages of the warranty that *** and his wife received and signed for in several placesIt states the procedures for Final inspection of the homeThis inspection was done (see Builder/Purchaser Final inspection) There were no defects chips dents cracks etc, noted, It clearly stated that the Builders responsibility is limited to: Completion of items shown on Final inspection Sheet and performance of warranty obligations under the provisions of the Limited warranty(see page 2) It goes on to detail what is covered, the time periods and procedures, step by step for warranty claims. lt also states under paragraph 9.page of the warranty titled Legal Actions, that no claim or cause of action under this Limited Warranty may be commenced or asserted in any suit, action or other legal proceeding against the Builder in any court or forum unless notice of the claim or cause of action has been received by the Builder in a timely and properly completed Warranty Claim form in paragraph 8 aboveIt also stated that NO suit, action and proceeding against the Builder under this Limited Warranty may be commenced in any court or forum after the later of the date of expiration of the applicable warranty coverage under paragraph of this Limited Warranty or sixty calendar days after the Warrantor has given written notice of rejection of claim or completion of corrective action as provided in clause 8(d) above or longer period is required by law, such longer period*** agreed to these terms before contractHis claim to "get the work done and take him to small claims court and let the judge decide what is warranty and what is not" is out of contract that he signed and agreed to abide by.Mr*** one year walk through was performed year after closing which occurred on December 5, 2013, even though he was requesting it earlier. *** never provided us with a claim formOn August 14, he did mail us that he would be calling for their one year inspection, as there were only a few minor items left( see enclosed)He never called but on November 26, he again emailed us that he would like a call to have his home inspected. Deche again emailed me and stated the two issues he had for me to look atI performed the walk through with *** on Friday, 12/5/at AM(see enclosed sheet)It is a copy of Steve's email stating the issues he would like addressed. As you can see there has been a lot of contact between *** and our officeA door was taken care of through ** ***r, *** *** has had contact (see sheet) and *** *** has been there two times after closing to address issues at his requestThe exterior work was completed, the doors painted.A demand of a second walk through seems quite redundant at this timeHe has not 'filed a warranty claim form, has comprised his own list of items he wanted addressedI did a one year walk through and found nothing more that the items he requested to be addressedHis one year expired 12/5/per our agreement.*** is incorrect when he states that a letter we sent stated that all issues were taken care of (see enclosed letter to him)In fact it stated that we have the striker plate for his door and would like to set a time to install it for himIt also states that the cabinet brace that he was questioning was a shipping brace. He has yet to reply as to his availability so we can schedule a time to install the door striker, We strive to make our customers happyWe use paperwork to keep all terms available with all our customersI cannot believe *** did not read the papers he signed forAll of our customers seem to understand and follow the procedures that are in writingI see no reason why *** should receive special treatment when he himself comprised the list and never even filed a Warranty Claim form for repair work .He has not been denied warranty repairs. We have made every attempt to address his warranty concerns. J&M Home Builders has complied with all terms of the warranty. Please contact me if you have any other questions or require any more documentation. John *** President

Response taken over the phone:  We met with the consumer on 9/16/15.  The warranty item was completed.

Revdex.com: 
I have reviewed the response made by the business in reference to complaint ID [redacted], and have determined that this does not resolve my complaint.  For your reference, details of the offer I reviewed appear below.
Mr. [redacted]'s offer was to schedule a time to repair my door latch and to avoid any more confusion, I am to file a notice of Warranty Claim.  He did not offer to resolve any of the other issues reported to him via email a nd phone conversations between December 2013 and December 2014 as well as recent emails between May 2015when we returned from FL and now. I did call and leave him my phone number so he could call and schedule the door latch repair.  I consider this another stall tactic on his part, but will accommodate him for now.Mr. [redacted] previously stated the Warranty must be delivered via registered or certified mail.  I have sent Mr. [redacted] an email and left him, as well as his assistant Gail, a voice mail message to confirm a good address to deliver to via mail.  The address you have on file is not good to my knowledge. I have filled out the form as he requested and have attached it to this complaint. response.  If he finds that acceptable in lieu of certified mail, all well and good.  He can print it out and have everything he would get in the mail.  I will wait his response. I also wait his phone call to schedule the door latch repair.  He did mention that he would at that time discuss and answer my questions.  I assume that means he will discuss what I consider to be the other 8 warranty issues. If he requires a hard copy of the warranty mailed, I will do that as soon as he replies and supplies a good address. I have advised him we go to FL on Oct 17th and come back the middle of May, so time is of the essence.The attachment to this email titled "Notice of Warranty Claim Form" contains;Mr... [redacted]'s "Action to resolve concerns" letter.Notice of Warranty Claims Form filled out and signed by my wife and IAccepted Standards, Page 13 pages of bullet points describing 9 warranty issues8 photo summary supporting 8 of 9 issuesReport from [redacted] regarding the potential sub floor problemEmail of 11/19/13 confirming meeting with Mr. [redacted] and his assurance of material to be used prior to finishing build.Vanity and cabinet specifications agreed to.Extras, changes and modifications supporting optional garage paint.
Regards,
[redacted]