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North Carolina's 2-10 Home Buyers Warranty, Years 3 - 10REPORTING A STRUCTURAL DEFECTIf you believe your home has a Structural Defect that is covered under your Structural Defect Warranty as defined below:
We recommend you send the notice by certified mail, return receipt requested. Except for authorized emergency repairs (see the Emergency Service section of this site for further information), do not repair a claimed Structural Defect before the Warranty Insurer has an opportunity to inspect the Structural Defect. Doing so will make it impossible for the Warranty Insurer to assess whether the Structural Defect was covered by your warranty; whether the repair you performed or caused to be performed was cost-effective, necessary, and effective; and whether the Warranty Insurer would have been able to solve the problem in another way. As a result, the Warranty Insurer will not accept coverage for any claimed Structural Defect that you have had repaired or replaced. In addition, you will not be reimbursed for any costs or expenses you undertake to investigate a structural defect such as, but not limited to, engineering and attorney's fees. See Exclusions pertaining to the 2-10 Home Buyers Warranty. COVERAGEA Structural Defect is defined as actual physical damage to the designated load-bearing elements of the home caused by failure of such load-bearing elements which affects their load-bearing functions to the extent that your home becomes unsafe, unsanitary, or otherwise unlivable. The Structural Defect warranty coverage is the same as that contained in regulations of the Department of Housing and Urban Development in effect at the time of the issuance of this Limited Warranty. This is coverage for catastrophic failure of load-bearing elements of your home. The designated load-bearing elements that are covered under this Structural Defect warranty are:
Examples of elements not covered by this Structural Defect warranty which are deemed NOT to have Structural Defect potential are:
EXPRESS LIMITED WARRANTY/COVERAGE: CONDOMINIUMAll exterior Common Element Stairways and Landings contained within multi family projects will be covered only if they are constructed entirely of metal and/or concrete materials. All other exterior Common Element Stairways and Landings contained within multi family projects are excluded from coverage unless your builder (as listed on your Certificate of Warranty) paid an additional fee for coverage of wood materials used in exterior Common Element Stairways and Landings as reflected on your Certificate of Warranty Coverage. 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. If your home is a condominium unit, by accepting this Limited Warranty, you agree to allow free access to, on, through or within your unit during normal business hours (after receiving notice from your association, your builder, HBW or the Warranty Insurer) so that repairs may be made to any adjacent unit or Common Element area. You also agree that if emergency repairs are required (which would be the responsibility of your builder or the Warranty Insurer) and you cannot be contacted within a reasonable period of time, you waive such notice. |