Rosewood Home Builders Inc

July 22, 2015[redacted]Revdex.comI 00 Bryant Woods SouthAmherst, NY 14228Re: [redacted], [redacted], [redacted]Revdex.com Complaint ID # [redacted]Dear [redacted]:Please be advised that I am Corporate Counsel to Rosewood Home Builders LLC and your letterof July 13, 2015...

has been referred to me for review and comment.By way of background, [redacted] purchased a Rosewood home on July 14,2004. Statutorily, thehome was entitled to a I year warranty on workmanship, a 2 year warranty on systems and a 6year warranty on the structure. However, Rosewood issued a contractual warranty through 2-10Home Buyers Warranty Corporation, which is greater coverage than the statutory warranty inthat it afforded him a I year workmanship warranty, a 2 year systems warranty and a I 0 yearstructural warranty.[redacted], after living in the home for nearly 9 years, first notified Rosewood of water damage inhis basement in April, 2013 (the "Notice Date"). The workmanship and systems warranties hadlong expired as of the Notice Date. Based on our evaluation, Rosewood determined that thecomplaint did not meet the structural defect criteria as defined in the home warranty.Notwithstanding that fact, Rosewood took the following actions in good faith:Removed exterior siding on first and basement floors on the rear of the home inthe area of the slidersFlashed properly where needed and taped sliders, windows and doorsReplaced plywood in basement as neededRe-installed siding .After said remediation, the homeowner executed a full release (copy enclosed). We received nofurther communication from [redacted] for another year.In 2014, [redacted] submitted a complaint, alleging water entering the house in the same area. Hethen submitted a complaint to 2-1 0 Home Buyers Warranty Corporation, which was denied asnot being covered under the warranty. See their correspondence attached. Neither [redacted] norhis attorney disputed the coverage decision of 2-1 0 Home Buyers Warranty Corporation.Again, in a good faith attempt, we met with [redacted] and advised him that gutters were neededon the rear of his home to divert water flow away from the foundation. Additionally, we routedgrooves through his decking in the area of the first floor rear slider to permit the flow of water ina managed way. To date, [redacted] has failed to cause gutters to be installed. The maintenancecrew visited the home of [redacted] through the spring of 2015 and found the areas to be dry.[redacted]' s assertion in his complaint to Revdex.com that he has had "water leaking in [his] home sinceit was first built" is either untrue or it indicates his failure to notify the builder for nearly 9 yearsafter the home was built. As hereinabove provided the slider, windows and doors were reflashedand taped in 2013 and, upon inspection in 2014 and 2015, appeared dry.The builder has received no communication from [redacted]'s attorney requesting additionalwork. I am told that we have recently learned that [redacted] is away from his home for longperiods of time without the benefit of a caretaker for his home. It appears that this permitsmatters to acerbate over time without any attention to them. This negligence, impropermaintenance and/or defective materials or work supplied by persons other than the builder hascaused the damages for which [redacted] complains. Therefore, assuming arguendo that Mr.[redacted] made his complaints known to the builder in a timely manner, his negligence, improper (orlack of) maintenance or defective materials or work supplied by others would have invalidatedthe warranty.Anything referenced in [redacted]'s complaint and not referenced herein is specifically denied.As we discussed today, [redacted]'s complaint is outside any statutory or contractual warranty and therefore the file should be closed.Very truly yours,Nia C. C[redacted]