ᐅ The warranty under the building code will expire soon. Is this defect notification correct?
Created on: 3 Oct 2019 11:41
F
fraubauer
Hello,
I have the following question.
In our multi-family house (new build, turnkey from the developer 4.5 years ago), the statutory warranty will expire in 6 months. I am one of the owners and live there myself. There are three other owners as well. We also have a small property management company. We originally purchased the property turnkey from the developer. The handover took place at the time of moving in.
Over time, some defects have appeared (at least from our point of view). For example, some cracks in the masonry. Whether these cracks constitute a defect can probably only be determined by the developer or an expert.
My question is: is the following procedure basically correct?
The property management reports the defects identified on the common property to the developer in writing, six months before the warranty period ends. I report defects in my private property directly to the developer. The developer will then presumably inspect the defects on site—either with or without their own expert, which is their choice. The developer then informs the owner or the property management in writing whether defects are present or not.
Only then could the property management commission an independent expert if we disagree with the developer’s assessment or have a different opinion.
If the expert disagrees with the developer’s assessment, the property management would notify the developer accordingly.
Or is it necessary to have an independent expert present already during the developer’s defect inspection through the property management?
(I understand that this is safer, but why incur unnecessary costs if they may not be needed or only required in a second step after the developer’s statement?)
Thank you.
I have the following question.
In our multi-family house (new build, turnkey from the developer 4.5 years ago), the statutory warranty will expire in 6 months. I am one of the owners and live there myself. There are three other owners as well. We also have a small property management company. We originally purchased the property turnkey from the developer. The handover took place at the time of moving in.
Over time, some defects have appeared (at least from our point of view). For example, some cracks in the masonry. Whether these cracks constitute a defect can probably only be determined by the developer or an expert.
My question is: is the following procedure basically correct?
The property management reports the defects identified on the common property to the developer in writing, six months before the warranty period ends. I report defects in my private property directly to the developer. The developer will then presumably inspect the defects on site—either with or without their own expert, which is their choice. The developer then informs the owner or the property management in writing whether defects are present or not.
Only then could the property management commission an independent expert if we disagree with the developer’s assessment or have a different opinion.
If the expert disagrees with the developer’s assessment, the property management would notify the developer accordingly.
Or is it necessary to have an independent expert present already during the developer’s defect inspection through the property management?
(I understand that this is safer, but why incur unnecessary costs if they may not be needed or only required in a second step after the developer’s statement?)
Thank you.
fraubauer schrieb:
Yes, but do I have to have this "defect" confirmed by an expert/appraiser?No
aero2016 schrieb:
Are you sure that simply reporting the defect is enough?That is exactly what the warranty is for. A lawsuit only occurs if the contracting party fails to meet their obligations and you decide to take legal action (which is not necessarily always the case).
A warranty is a guarantee, so ideally you should be able to resolve issues without going to court.
@fraubauer
I find your approach here very one-sided. While you are not obliged to contribute value to the forum by answering questions, engaging in a dialogue when you ask questions yourself would be appropriate.
F
fraubauer8 Oct 2019 10:57ypg schrieb:
That is exactly what the warranty is for.
A lawsuit only happens if the contractual partner fails to fulfill their obligations and you decide to sue (which is not necessarily the case).
A warranty is a guarantee, so ideally, you should not need to resort to litigation.
@fraubauer
I find your approach here very one-sided. Although you are not obliged to contribute value to the forum by answering questions, if you ask questions yourself, you should be willing to engage in a dialogue. @ypg
I find your behavior more than puzzling.
What information are you expecting? I am here to gather information.
I am not an expert. And all the information related to my post is already provided.
Your behavior is really strange.
F
fraubauer8 Oct 2019 12:46HilfeHilfe schrieb:
Why you? It is damage to common property after all.There are "cracks" in the common property (external walls) as well as in the private property. Or are the walls inside the apartment also considered common property? I thought those were private property since they are inside my apartment and not load-bearing, etc. Thank you.Similar topics