# does home repair warranty transfer to new homeowners?



## contractorjay (Dec 22, 2009)

We finished the roof repair earlier this spring. The homeowner sold the house before squaring away with us and still owe 1000. Shes still in the process of paying us but is lagging. The roof we did has a slight leak. Are we required to warranty the work? Usually we will repair but the old homeowner still owes money.


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## contractorjay (Dec 22, 2009)

I meant roof replacement. It was a complete tear off.


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## BamBamm5144 (Jul 12, 2008)

What does the wording of your warranty say?

Mine says no warranty work will be done until paid in full. 

Am I understanding correctly that the home has been sold?


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## BDB (Sep 26, 2008)

Obligated legally? I am no lawyer so I can not give you that answer, but I would probably go fix the leak. Question I have is how did she / HO sale the house and you did not put a lien on it before she did?


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## contractorjay (Dec 22, 2009)

Yes the house was sold. They sold it a few days after job completed. We had no idea.


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## J L (Nov 16, 2009)

The answer is going to be listed in the wording of your warranty. Is your warranty transferable? Does it say you'll still honor your warranty if not paid in full?

I know what I would do in this situation because I know how our warranty is worded but what you do is based upon the contract you had.


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## skyhook (Mar 17, 2007)

Sold the house, kept all the money and you still have not been paid.? 
Sounds like you're up s*** creek w/o a paddle. 
Roof leaks.? Maybe that's why you didn't get paid. 
Fix the leak before it does structural damage, Learn from it and move on.


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## contractorjay (Dec 22, 2009)

Our warranty does not say no warranty unless paid in full. It doesnt say there is warranty if not paid in full either.

Yea warranty does not transfer is in our wording. 

Truth be told if it was new homeowner and it was paid in full, id make the repairs even if it was 5 years from completion. But the fact that the new homeowner are friends with old homeowner and theyve said theyre not going to tell the old homeowner to pay us bc its none of their business does not motivate me to help them. 

I wanted to know if there is a law requiring us to warranty within one year of work done


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## contractorjay (Dec 22, 2009)

skyhook said:


> Sold the house, kept all the money and you still have not been paid.?
> Sounds like you're up s*** creek w/o a paddle.
> Roof leaks.? Maybe that's why you didn't get paid.
> Fix the leak before it does structural damage, Learn from it and move on.


Like ive said theres been mutiple storms between today and job completion. They didnt pay bc they were neglectful of their responsibilities. Why should i help them if they cant help us?


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## skyhook (Mar 17, 2007)

Builders 5 year warranty required by law in Ca. 
If there is a balance due on the original contract, that would have to be paid before any warranty is enforceable.


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## mbobbish734 (Apr 28, 2011)

skyhook said:


> Builders 5 year warranty required by law in Ca.
> If there is a balance due on the original contract, that would have to be paid before any warranty is enforceable.


18 months in MI


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## contractorjay (Dec 22, 2009)

What about transfer to new homeowner


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## BamBamm5144 (Jul 12, 2008)

It does not matter. You have not been paid. I would kindly inform them that you haven't been paid in full and you cannot warranty any work that 1) has not been paid in full and 2) you don't transfer warranties between homeowners.

Problem solved. Actually, they don't even need to know that you still haven't been paid.


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## contractorjay (Dec 22, 2009)

BamBamm5144 said:


> It does not matter. You have not been paid. I would kindly inform them that you haven't been paid in full and you cannot warranty any work that 1) has not been paid in full and 2) you don't transfer warranties between homeowners.
> 
> Problem solved. Actually, they don't even need to know that you still haven't been paid.


Thanks


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## smalpierre (Jan 19, 2011)

Well, while you apparently don't have to fix it, is it worth having a ho badmouth you? If I were you, I'd at least take a look and find out for sure what's leaking. Could it be a window or something else leaking? I just went out on a leak call where that is exactly what was happening. Window in a dormer wasn't properly flashed, and when the caulk cracked, leaky time!

Maybe you could make up some of that grand on your new customer?


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## skyhook (Mar 17, 2007)

contractorjay said:


> What about transfer to new homeowner


Work has to last at least 5 years. Yes, transfers from owner to owner during the 5 year period.
Not being paid is between the parties that signed the contract. 
Having a leak gives the HO a reason not to pay the balance. 
The damage caused by the leak could also be your liability. 
Best to bite the bullet and fix the leak, then go after your money any way you can.


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## BamBamm5144 (Jul 12, 2008)

Man, you guys need some back bone. He did a job for a customer who immediately sold the house. He has been done for awhile and has never been paid. The only reason the new HO knows about it is because the house was sold to a friend. The home was sold so quickly, he never got to file a lien.

I would never warranty work that I was not paid for. 

I'll hire any of you guys to do work on my house, not pay and in a year, I'll have the new HO call so you can fix it.

This sounds to me like it was a plan of theirs.

Go ahead, let the new HO bash you. Then call your lawyer and have him write a friendly little letter


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## smalpierre (Jan 19, 2011)

BamBamm5144 said:


> Man, you guys need some back bone. He did a job for a customer who immediately sold the house. He has been done for awhile and has never been paid. The only reason the new HO knows about it is because the house was sold to a friend. The home was sold so quickly, he never got to file a lien.
> 
> I would never warranty work that I was not paid for.
> 
> ...


Yeah, I didn't read the friend part - that smells fishy.

"As you can see, my warranty is non-transferable. If your good buddy ole pal over there would have paid me, I'd have fixed it even though I'm not legally obliged to - but he didn't, so I won't!"


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## TheItalian204 (Jun 1, 2011)

A) I would not fix anything until I am paid. As the matter of fact from my previous experiences, you can't write any receipts,warranties or anything until you are paid because world is just that bad.

B) With my workmanship it is not transfferable. When writing the warranty I write name and last name of owner of the place so totally random person can't use it. If new HO wants warranty on my workmanship,they will have to pay cool 200$.


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## smalpierre (Jan 19, 2011)




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## Jaws (Dec 20, 2010)

Oconomowoc said:


> You have to understand that this situation, for many of us, has only happened once or twice in a lifetime. Its not a weekly occurrence.


Exactly. Well said. :thumbsup:


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## Splinter hands (Aug 31, 2011)

Tinstaafl said:


> There are two separate issues at play in a situation like this: should you warrant a job that's not fully paid for, and should a warranty be transferable.
> 
> Regarding transferability, I don't see why ownership of the property should have any bearing on whether I back the quality of my materials and workmanship. Period. That's my honor and reputation on the line.
> 
> Non-payment is a little more complicated. Warranty service may be the only realistic lever you have to get fully paid outside of going to court, where no one wins. But in a case where the property has changed hands, there is no legal or moral obligation for the new owner to make good on the debt, friend or not. I'd probably go ahead and do the repair in that case.


I was not saying that the friend should or would pay the debt if you were referring to my post. What I was trying to say is that I bet the new owner doesn't know the work has not been paid for and if you call the original HO out in front of his buddy I bet the original HO would pay up because he wouldn't want to look bad to his buddy by selling him the house and not letting him know recent repairs on it have not been paid for and dragging him into it.


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## Stephen H (Feb 18, 2011)

BamBamm,
you are a good guy- but this is one of those areas where you are wrong- but you don't yet KNOW that you are wrong

In my opinion JAWTRS is exactly right.
We can't controll what the other guy does----we can only controll what WE do

It looks to me like JAWTRS and his dad have a firm grasp of what is right and what is wrong and WHAT is really important in life.
Best wishes, Stephen


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## BamBamm5144 (Jul 12, 2008)

Stephen H said:


> BamBamm,
> you are a good guy- but this is one of those areas where you are wrong- but you don't yet KNOW that you are wrong
> 
> In my opinion JAWTRS is exactly right.
> ...


My God. If you guys all warranty work you have not been paid for, you should let all your competitors know this so they can rely on you when one of their jobs has a problem. Wait, that doesn't make sense does it? Exactly...

Just like Jawtrs, my grandfathers company has been around for 7 decades, my uncle now owns it. One thing I learned from them is to never be bullied otherwise everyone will do it. Fixing work you have never been paid in full for (no matter the reason you didn't get paid) is being bullied.

That is my stance on things and my opinion.


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## Oconomowoc (Oct 13, 2011)

BamBamm5144 said:


> My God. If you guys all warranty work you have not been paid for, you should let all your competitors know this so they can rely on you when one of their jobs has a problem. Wait, that doesn't make sense does it? Exactly...
> 
> Just like Jawtrs, my grandfathers company has been around for 7 decades, my uncle now owns it. One thing I learned from them is to never be bullied otherwise everyone will do it. Fixing work you have never been paid in full for (no matter the reason you didn't get paid) is being bullied.
> 
> That is my stance on things and my opinion.


Talk to your attorney, I do believe that's illegal in Wisconsin.


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## BamBamm5144 (Jul 12, 2008)

Oconomowoc said:


> Talk to your attorney, I do believe that's illegal in Wisconsin.


My attorney put it in my contract. I don't have to warranty work I've never been paid for. What I can't do is go and remove materials that have been installed.


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## Oconomowoc (Oct 13, 2011)

BamBamm5144 said:


> My attorney put it in my contract. I don't have to warranty work I've never been paid for. What I can't do is go and remove materials that have been installed.


That's interesting, I was told the opposite.


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## J L (Nov 16, 2009)

Oconomowoc said:


> That's interesting, I was told the opposite.


You expect any two attorneys to agree on anything?? :laughing:


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## BamBamm5144 (Jul 12, 2008)

RemodelGA said:


> You expect any two attorneys to agree on anything?? :laughing:


Best line of the entire thread.


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## Oconomowoc (Oct 13, 2011)

RemodelGA said:


> You expect any two attorneys to agree on anything?? :laughing:


Ha! Yeah, ya got that right.

This thread is really interesting. Two different opinions but I think somehow both are right. I think that's called a kunundrum.

Mike


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## mbobbish734 (Apr 28, 2011)

As I see it ,it was one job that's botched out of who knows how many. Is it worth that one loss to lose your reputation? I think the OP said he was paid just not completely, Bamm think of it this way, the part that's leaking was already paid for. Does that help? At some point in running a business we all will incur a loss but that's not going to ruin my rep. The the OP go look at the house, see where the leak is . Probably a 20 minute fix. Maybe even something unrelated to the original job means more money. I've seen a few companies go really big , then because of their service go out of business. Reputation is everything, not how many contracts a company gets signed. Fix the dang house and write off the loss and be done with it.


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## Jaws (Dec 20, 2010)

BamBamm5144 said:


> My God. If you guys all warranty work you have not been paid for, you should let all your competitors know this so they can rely on you when one of their jobs has a problem. Wait, that doesn't make sense does it? Exactly...
> 
> Just like Jawtrs, my grandfathers company has been around for 7 decades, my uncle now owns it. One thing I learned from them is to never be bullied otherwise everyone will do it. Fixing work you have never been paid in full for (no matter the reason you didn't get paid) is being bullied.
> 
> That is my stance on things and my opinion.


 The point is the roof didn't leak because he wasn't paid, it leaked because he made a mistake. Man up and fix it. The integrity of your projects and your collections practices are unrelated.



As for being bullied, I don't think there is much of a chance of me getting accused of that. I never said I wouldn't be up that HOs ass looking for my money. If I was in the middle of a project and wasn't paid a preset draw, I wouldn't hesitate to roll my **** up and kick rocks until my check cleared. But whatever i did do up to that point had better stand up in my eyes.


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## Jaws (Dec 20, 2010)

Although you won't agree with the analogy, to me it is the same as not paying a sub because the HO didn't pay me. The two are unrelated, my word will be kept. The sub works for me, he gets paid from operating capitol and I fight the HO for my money


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## Oconomowoc (Oct 13, 2011)

jawtrs said:


> Although you won't agree with the analogy, to me it is the same as not paying a sub because the HO didn't pay me. The two are unrelated, my word will be kept. The sub works for me, he gets paid from operating capitol and I fight the HO for my money


100% agree. Just had this happen this week. I got paid, the GC didn't.


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## Jaws (Dec 20, 2010)

BamBamm5144 said:


> I don't think any professional roofer warranties any repair work.
> 
> You guys can keep warranting work for the new homeowners of a house you did a job on that you haven't been paid in full for. Let me know how that works out for you. Until then, I'll follow my contract exactly as it is laid out (after all, that's why we have HO sign them). Pay me in full, your warranty is valid!!
> 
> I feel like I have to take over Finleys' roll here. Yikes!


 I think you mis read the OPs post. He put a brand new roof on this house, its not a repair that failed. Needs to be fixed


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## skyhook (Mar 17, 2007)

RemodelGA said:


> You expect any two attorneys to agree on anything?? :laughing:


wasn't it 2 attorneys who invented copper wire. They were fighting over a penny.


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## BamBamm5144 (Jul 12, 2008)

jawtrs said:


> Although you won't agree with the analogy, to me it is the same as not paying a sub because the HO didn't pay me. The two are unrelated, my word will be kept. The sub works for me, he gets paid from operating capitol and I fight the HO for my money


Yes that is an entirely different analogy but lets go with it.

So you paid the sub and got shafted from the HO. HO calls and complains that there is a problem with subs work 2 months later. Sub is nowhere to be found. Do you go fix it?


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## Oconomowoc (Oct 13, 2011)

BamBamm5144 said:


> Yes that is an entirely different analogy but lets go with it.
> 
> So you paid the sub and got shafted from the HO. HO calls and complains that there is a problem with subs work 2 months later. Sub is nowhere to be found. Do you go fix it?


Yes, the key to longevity in business means the HO takes first place. The HO doesn't care who your sub is, you hired him and stand by his work. Take the hit and learn the lesson.

Mike


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## pinwheel (Dec 7, 2009)

BamBamm5144 said:


> Yes that is an entirely different analogy but lets go with it.
> 
> So you paid the sub and got shafted from the HO. HO calls and complains that there is a problem with subs work 2 months later. Sub is nowhere to be found. Do you go fix it?



Absolutely not, I didn't get paid. But, in the process, I made sure that sub would be available next time I needed him to work for me. Part of being a responsible business man.

Integrity, is measured by how you handle situations when no one is looking.


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## Jaws (Dec 20, 2010)

No I wouldn't until I was paid. Unless the ho sold the house, and the new ho called and asked about it. I absolutley would resolve the situation, my name is still intact and I have a new raving fan talking me up while I'm hounding the last guy for my cash. Which is the situation the OP is in. Them being friends means nothing to me.


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