HBW_307_090114
6
What 2-10 HBW will do.
Once 2-10 HBW has received
Your
Notice of
Defect
, it will again notify
Your Builder/Seller
of
Your Defect
(s). If
You
and
Your Builder/Seller
still cannot resolve
Your
differences even with 2-10 HBW’s conciliation help,
then
You
and
Your Builder/Seller
must arbitrate
Your
dispute under the arbitration agreement set forth in this booklet.
2-10 HBW will provide a form for
You
to request arbitration after
You
have completed the procedure described above. If
2-10 HBW determines that
Your Builder/Seller
cannot or will not participate in arbitration, or
Your Builder/Seller
refused
to pay or perform an arbitration award in
Your
favor, 2-10 HBW will notify
You
of that fact.
You
must then forward to
2-10 HBW at the address above, a one time $250 claim deductible (check payable to the
Builder/Seller’s Warranty Insurer
stated on
Your Certificate of Warranty Coverage
). Upon receipt, 2-10 HBW will forward the check and
Your
file to the
Builder/Seller’s Warranty Insurer
, and the
Warranty Insurer
will adjust the claim.
Homes With FHA/VA Financing Only
– If
You
are the original owner and
Your Home
has original FHA/VA financing still in
effect, the $250 deductible is collected after the claim is accepted and the amount of the loss is determined.
2.
Structural Defect(s) must be reported to 2-10 HBW as soon as possible but no later than thirty (30) days after the
expiration of the applicable term of the Warranty.
Notice means that
You
must complete the following two steps:
a. Complete the appropriate Notice of Claim Form (“Notice”), which is found at the back of this warranty booklet.
b. Send one copy of the Notice to 2-10 HBW, and include:
1. A copy of
Your Certificate of Warranty Coverage
; pay a $250 claim investigation fee payable to the
Warranty Insurer
stated on the
Certificate of Warranty Coverage
; and
2. A copy of all correspondence with
Your Builder/Seller
regarding the
Structural Defect(s)
in question to:
2-10 Home Buyers Warranty
Warranty Administration Department
10375 East Harvard Avenue, Suite 100
Denver, CO 80231
Phone: 855.429.2109
We recommended (but do not require) that
You
send this notice by certified mail, return receipt requested, so
You
have a
record of when the notice was sent and received.
Homes With FHA/VA Financing Only
– If
You
are the original owner and
Your Home
has original FHA/VA financing still in
effect,
You
do not have to send the $250 claim fee investigation fee with
Your
Notice of Claim Form. The $250 fee will be
collected after the claim is accepted and the amount of the loss is determined.
What 2-10 HBW will do.
Upon receipt of the items identified in D.2 above, 2-10 HBW will forward the check and
Your
file to the
Warranty Insurer
, and the
Warranty Insurer
will adjust the claim.
E. multi-family buildings.
1.
Coverage of the
Common Elements
begins on the date the Certificate of Occupancy was issued for the building containing
Your
unit, and
Common Elements Structural Defects
must be reported within the applicable Warranty Term for such
defects. Claims pertaining to
Common Elements
must be filed by
Your
condominium association (“Association”) or
representative designated by the Association using one Notice of Claim form for each affected building. The Notice of
Claim form must list each unit of the building and a
Certificate of Warranty Coverage
must be attached for each unit of
the building. Under the ten year
Structural Defect
warranty coverage, the maximum claim investigation fee is $250 per
unit in the building or $5000 per building, whichever is less.
SECTION V.
THE EFFECT OF THIS WARRANTY ON Your LEGAL RIGHTS.
You
have accepted this express limited warranty provided in this warranty booklet. All other implied warranties, including oral or
written statements or representations made by
Your Builder/Seller
or any implied warranty of habitability, merchantability or fitness,
are disclaimed by
Your Builder/Seller
and waived by
You
to the extent possible under the laws of
Your
state.
You
may have other
remedies as provided under the law of the state where the
Home
is located.
*California:
The protection provided under this Warranty is not in limitation of, but is in addition to any other rights provided to
You
under California law.
*Kansas: You
have not waived the implied warranties and the Warranty is not
Your
exclusive remedy.
You
may have other remedies as
provided to
You
under Kansas law.
*
Florida:
Units located in
Multi-Family Buildings
may have additional statutory protection under Florida law.
*
Oregon:
Units located in
Multi-Family Buildings
may have additional statutory protection under Oregon law.
