No warranty unless paid in full

Started by JeanS1 • 10 replies • 1391 views

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JeanS1 (California)
Posts: 23

Posted:

Has anyone else had a problem with a roofer who won't enforce the warranty unless the roof has been paid in full?

Is this legal?

Jean Strauber
Encino CA

NancyD1 (Florida)
Posts: 447

Posted:

Why would you have a warranty until the roof is paid? Warranty life starts the day the product is paid for.

If a car has a five year warranty and it sits on the lot for a year, does it now have a four year warranty? No. The day it was sold the warranty began for 5 years.

CharlesW1 (Georgia)
Posts: 826

Posted:

Quote:

Posted By NancyD1 on 09/30/2007 4:36 AM
Why would you have a warranty until the roof is paid? Warranty life starts the day the product is paid for.

If a car has a five year warranty and it sits on the lot for a year, does it now have a four year warranty? No. The day it was sold the warranty began for 5 years.

JeanS1,

I do not know the answer pertaining to your particular dilemma, however I would think that a warrant would be presently establish once product or services are transferred, if some cases, but certainly not all!

I don’t agree with NancyD1 analogy about warranties, well not entirely “If a car has a five year warranty and it sits on the lot for a year, does it now have a four year warranty? No. The day it was sold the warranty began for 5 years” The majority of warranties that I’m familiar with generally state a certain time (hours, minutes, etc.) In this particular circumstance, years OR mileage which ever comes first.

Hypothetically let’s say it’s the typical 3 year OR 36 thousand mile warranty. The vehicle being sold has 22,000 miles, but is 2002 Ford Crown Victoria. That particular car still has a 14,000 mile warranty regardless of how old it is, to my knowledge if not then PLEASE, inform me otherwise! Most likely not the case but……

I would think that the warranty would be valid even if you NEVER paid it off. That just sounds ridiculous to me. What about the warranty on our houses, some of us have a 30 year mortgage. What “if” our roof had faulty roof joists, which made our ceiling bow allowing water to seep in destroying much of the houses contents. I would think that would still be under warranty, “If” they are still in business, wouldn’t you?!

Best of luck
Keep us posted. I’m curious to hear the answer myself.
Chuck W.

Charles E. Wafer Jr.

RogerB (Colorado)
Posts: 5,067

Posted:

Jean, if you have a financing agreement to make monthly payments then the warranty should be applicable unless stated otherwise in an agreement.

If it is not yet under warranty (job not completed), for a problem with materials or workmanship I would not pay until the problem is corrected.

NancyD1 (Florida)
Posts: 447

Posted:

A warranty begins when, the title is transferred. Title is not conveyed, until it is paid for.

Make an agreement for financing the balance, this will enact the warranty.

NancyD1 (Florida)
Posts: 447

Posted:

Charles,

There are many types of warranties: an express, implied, guaranteed,car, home and breaches. For the car warranty to be valid a purchaser, not dealership, has to sign for the warranty.

Where does it say in your mortgage documents that your house is warrantied? I want to see a mortgage company come out and fix a roof. Your home was guaranteed by the builder, under an extended warranty for a period of years. The bank only with warranty/guarantee the mortgage and the fact that you have an obligation to pay it.

When the roof collapses, call the roofer. He will warranty the roof for 25 years but only after you pay him. Why is he going to perform more work when he hasn't even gotten paid for the original. If the work does not hold up after you pay him then sue him. He gave you a warranty.

BradP (Kansas)
Posts: 2,640

Posted:

Jean:

Is this said warranty in writing, if so what does it say? As someone else said if it is a warranty item and the builder won't enforce it, and for some reason the roof isn't paid for I wouldn't pay until the problem is fixed.

JC3
Posts: 290

Posted:

Consider paying for it with your major credit card. That's how I would pay--then, if there's a problem, generally the credit co will help you out. Just pay the card as you would the roofer or bank.

JohnC10 (Arizona)
Posts: 106

Posted:

Quote:

Posted By JeanS1 on 09/30/2007 1:43 AM
Has anyone else had a problem with a roofer who won't enforce the warranty unless the roof has been paid in full?

It's gonna be hard to get service if you're not making payments according to the contract.

DonnaS (Tennessee)
Posts: 5,671

Posted:

I wouldn't pay for warranty fixes if my fees were not paid. Why were they not paid? Was there problems with leaks before the work was completed? Upon completion, why was the roof not paid for? Sounds like someone needs to spend time with the roofer and get this straightened out. This is why lawyers get rich because of this lack of communication

DaneC (California)
Posts: 210

Posted:

Here's a brochure from the Contractors State License Board, containing tips on hiring a roofing contractor, and handling problems.

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