16 Sep 2010 11:00 AM:

Maria

Thanks for the response. We have a surveyors report (from our own Building Insurance company) which states that the problem was caused by a building defect that they have seen on other properties on the resort was a well.  I've also read (on this and other forums) that other owners have the same problem.

I don't have details of the 10 year guarentee for the buildings though - as we have been trying to get that information from the developer (but can never get hold of them)

I'd read elsewhere that that the 10 yr guarentee has to be underwritten by a insurance company, but it would only activate if the developer went bankrupt (which they haven't) - so would we still be able to make a claim in this situation?  Do you have any advice on how we could find out the detail of the company that underwrite the guarentee?

Muchas gracias por su asitance

Russ

Thread: Enforcing a 10 year building guarentee ?

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08 Sep 2010 12:00 AM:

Hi

I have a property that I bought off plan from a large developer. We completed in uly 2008.  Since that time, we have had continual problems with the property flooding whenever we get heavy rain.   We contacted the developer about it 12 monthsago  and they said that we need to make a claim on our  buildings insurance..

We contacted the insurer who sent an assessor - who immediately said the problem was caused by a building defect and provided a report with details.  We went back to the developer with that report, and they made some minor changes to the property (took up some tiles) which hasn't stopped the problem happening, and nor have they fixed the effects of tehe flood - such as replacing the front door which has been water damaged.

All attempts over the past 4-6 months to contact the developer to request more action have failed - we've sent over 30 emails, tried calling, faxing and sending "fault reports" on their website - and we get no response at all.

We understand that other owners on the development have had the ame issues with flooding and have also been unable to get a response.

Does anyone know how we can legally enforce the guarentee and get the developer to addres both the building defect AND repair the damages?  We are concerned that the property will continue to flood whenever we get rain..

Thanks

Russ

 

Thread: Enforcing a 10 year building guarentee ?

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