Epaminaidos
2017-09-26 22:16:17
- #1
Hello everyone,
the handover of our developer house was 4 years and 9 months ago. Just before the warranty period expires (agreed is the Building Code), unfortunately a roller shutter is defective (strap operation): it is gradually breaking apart between two slats. Of course, we first contacted the developer. He no longer wants to fix the defect free of charge because it is a mechanical damage that could have been caused by normal wear and tear or misuse. Furthermore, he states that the 5 years only apply to defects for which the developer is directly responsible. Specifically, the regulation does not mean that "the use and lifespan of individual parts that require special maintenance or care or regularly have a shorter service life must also last 5 years."
Is this correct? Or is he still obliged to fix it?
The developer has built around 80 single-family houses here and roller shutters are currently breaking down one after another in the neighborhood. Unfortunately, the manufacturer is now bankrupt, so the developer cannot simply pass on the costs.
Thank you very much for any help!
the handover of our developer house was 4 years and 9 months ago. Just before the warranty period expires (agreed is the Building Code), unfortunately a roller shutter is defective (strap operation): it is gradually breaking apart between two slats. Of course, we first contacted the developer. He no longer wants to fix the defect free of charge because it is a mechanical damage that could have been caused by normal wear and tear or misuse. Furthermore, he states that the 5 years only apply to defects for which the developer is directly responsible. Specifically, the regulation does not mean that "the use and lifespan of individual parts that require special maintenance or care or regularly have a shorter service life must also last 5 years."
Is this correct? Or is he still obliged to fix it?
The developer has built around 80 single-family houses here and roller shutters are currently breaking down one after another in the neighborhood. Unfortunately, the manufacturer is now bankrupt, so the developer cannot simply pass on the costs.
Thank you very much for any help!