It is not because we buy new that we guarantee a perfect experience. Faced with various problems after their purchase or move in, some new owners do not know where to turn to assert their rights. Here you can get an overview of the situation. From the Atlanta GA homes you can now get the best option available.
Identify your situation
Before leaving in a panic, take the time to check in which category our situation is. Are you protected by the GCR, the compulsory guarantee for new houses? If this is the case, does your problem fall into one of the exclusions from the warranty plan detached garage, swimming pool, deadline exceeded, etc? Take the time to analyze the guarantee that is offered or not to you.
Or maybe you bought a home that has never been protected by the DGC, in a condo tower for example. In this case, are you protected by one of the optional warranty plans? These are the Qualité Habitation Guarantee offered by the Quebec Construction Association (ACQ), the Residential Buildings Guarantee (GIR) offered by the APCHQ and the Habitation des Maîtres Bâtisseurs (GHMB) Guarantee. Each promoter who is not obliged to use the GCR decides whether or not to join one of these optional warranty plans. Refer again to your contract and warranty details to better navigate the next steps.
Good news, a new organization is being set up to help inform and support beneficiaries of guarantee plans. The organization should be created in 2020.
Talk to the seller or promoter
Whether or not you are protected by a warranty, trying to settle the dispute amicably is always a good idea. If he agrees to solve the problem, make sure you still have traces of your discussions. Also, be careful not to exceed the deadlines for formal procedures.
Start a procedure
If you are protected by a guarantee, it will be relatively simple: things will follow the course provided for in the contract. In short, the buyer must generally first make a formal denunciation of the situation. Then, a claim will follow, and the warranty administrators will perform a site inspection. In the absence of amicable settlement, a report will be produced and the contractor will be required to comply with the required repairs. Obviously, it may happen that the latter does not carry out the work within the prescribed deadlines we may have recourse to mediation, more to arbitration.
If on the other hand, you fall into a case of exclusion of the guarantee, are not covered or have exceeded a deadline, do not panic. Another avenue is open to you: recourse to traditional courts. It is certain that these are more demanding and more expensive procedures since it is difficult to represent one alone although this is possible in theory.
If the damages claimed are less than $ 15,000, you will go to the Small Claims Court. If it is a larger amount, a motion to institute proceedings must be made in the superior court. In both cases, a formal notice would be the first step.
The famous hidden vice
The problem with new is that people leave with a positive outlook, saying that everything must be in perfect condition. Some even are not accompanied by an expert during their pre-reception visit. This is a mistake, believes the lawyer.