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Recent content by samir1

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  1. S

    Suit against builder

    yes, warranty act doesn't answer my question about bathroom fixtures, but at least it tells me that when claim is not covered by the warranty, I have not elected the remedy and I can pursue it outside of the scope - such as suit
  2. S

    Suit against builder

    Yes, I posted the question yesterday, but I didn't know statute which Bureau replied today morning so I included statute. hopefully it will help someone in future.
  3. S

    Suit against builder

    Update: I reached out to Bureau and they responded. "As per Bureau of Homeowner Protection, which is a part of the NJ Department of Community Affairs, if the claim is found to be not covered due to an exclusion, the homeowner has not elected the remedy, hence may pursue it outside the scope...
  4. S

    Suit against builder

    I did not because I did not notice wrong color bathtub until after the closing. You can tell the difference between White color and Biscuit color during day light or if you have daylight bulb installed in the bathroom. Builder had installed soft white bulb in the bathroom so it was more warm...
  5. S

    Suit against builder

    Sorry I must have missed it. I did final walkthrough and I found few issues which was listed in the checklist. The checklist I signed says following. What's your input? "List below all items which are incomplete or require repair. Buyer acknowledges this to be the only opportunity to note...
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    Suit against builder

    Thank you. I understand I need a lawyer and trust me I did talk to few. No one is willing to even look at the documents until I hire them and pay $3k retainers fee, and then $200 to $300 hourly fee. I'm suing builder for $3k in small claims court. Instead of paying $3k to lawyer, it will be...
  7. S

    Suit against builder

    Hello Friends, One more help I need PLEASE. This paragraph is from warranty booklet, not from court document so if someone can help me understand, that would be great. Here is link to image: https://ibb.co/Rz4vjyH The 3rd line from bottom, "Covered by this warranty...", what I understood so...
  8. S

    Suit against builder

    Thank you all for help. Appreciate it.
  9. S

    Suit against builder

    Thank you. bathtub/color selection was all included in purchase price so yes, it's paid at the time of closing. Yes, I tried to work with builder and tried everything, but they refused. I forgot to mention that they also installed white color toilet (and biscuit color toilet seat and tank)...
  10. S

    Suit against builder

    ok so this means if I don't file objection to motion, then court will vacate default judgement and award this in defendant's favor without trial? If so, then when I file objection to motion, I should present all evidence?
  11. S

    Suit against builder

    No, small claims max is $3k and estimate for replacement is $3800 as surrounding tiles are also needs to be replaced
  12. S

    Suit against builder

    I have default judgement since defendant failed to appear, but now they filed motion to vacate default and vacate default judgement.
  13. S

    Suit against builder

    thank you. "Construction Defect" is not defined in contract. I ended up withdrawing my 2/10 warranty claim as they said it is excluded from the warranty. I did had final walk thru before closing, unfortunately walk thru was done in winter so it was little dark outside and you can't tell...
  14. S

    Suit against builder

    Thank you. I'll take a look. Appreciate your help. Can someone please help me find legal definition of "construction defect"? I mean I know what it means and found one from dictionary, but not sure if in law world, there is specific definition for this word? from dictionary: "Construction...
  15. S

    Suit against builder

    Thank you all. I reached out to 2/10 warranty and this is what they said, "Based on my conversation with the Bureau of Homeowner Protection, which is a part of the NJ Department of Community Affairs, if the item is found to be not covered due to an exclusion, you have not elected the remedy...

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