Home Rochester Limited Warranty

Home Rochester Limited Warranty

Home Owner Address

Terms and Conditions

The Asset Control Area (ACA) program is a self-warranting program that holds and honors the warranties issued with the homes sold through the ACA and Home Rochester programs. This Limited Warranty is provided for a twelve month period and begins on the date of title transfer.

This Limited Warranty is limited in scope to cover only the failure of materials and/or improper installation pertaining to work done on the property as part of the rehabilitation through the Home Rochester and ACA programs. Homes sold through these programs are NOT NEW therefore it is possible that inherent defects exist due to property age, external factors and years of regular occupant use. Home Rochester/ACA properties are sold in “as-is” condition. Homeowners have completed a walk-through inspection and walk-through checklist, which takes place no more than a few days before the closing that will serve as a verification of the condition of the property at the time of title transfer.

Property buyers, responsible for reasonable and normal homeowner maintenance activities regarding their property which may include but is not limited to: regular lawn care, trimming of trees and shrubs, snow and ice removal on driveways and walk ways, driveway sealing, regular cleaning and the removal of blockages or clogs in rain gutters and downspouts and regular removal of ice dams on roofs in cold weather. Reasonable Homeowner maintenance is also required for the interior of the property which may include but is not limited to tightening of screws and bolts of frequently used fixtures including toilets, faucets, door and window hardware, changing furnace filters, etc. Homeowners are also expected to use waste lines appropriately and avoid pouring grease or grease like substances, fibrous materials or any solids down sink, tub and toilet or any other drain or waste line.

Minor expansion and contraction in trim materials, caulk lines etc. due to a change in relative humidity is considered normal and is not covered by this Limited Warranty. The installation of caulk on corners and areas where gaps or spaces may be affected by humidity changes and places where water is frequently used such as kitchens and bathrooms is considered normal Homeowner maintenance.

The RHDFC and the City of Rochester reserve the right to make the final determination of warranty eligibility after physical inspection of the property. Items not covered by this Limited Warranty will be rejected. The City of Rochester and the RHDFC are not responsible for any repairs or work coordinated directly by the Homeowner outside of the Warranty Claim Process as described here and any payment or compensation due to any contractor for repair work at the direction of the Homeowner will be the sole responsibility of the Homeowner.

ITEMS NOT COVERED

The following is a list of items that are NOT COVERED by this Limited Warranty. Please note that this is not a comprehensive list and may be modified or expanded without prior notice.

·  Water or dampness in basement

·  Items not improved upon during rehabilitation of the property or any accessory structures through the Home Rochester or ACA programs

·  Work done or repairs to the property undertaken before the RHDFC obtained title to the property or work performed after the sale of the property to the Homeowner

·  Damage to property caused by homeowner or other occupants including normal wear and use or misuse

·  Sidewalks and yards not improved upon during renovations

·  Damage caused by extreme weather, fire, misuse, negligence or acts of God

·  Roof leaks or damage to rain gutter systems caused by ice damming, clogged rain gutters, wind, debris or fallen trees or shrubs

·  Any damage caused by the inappropriate use of drain lines or the pouring of grease or grease like substances, fibrous materials including but not limited to feminine hygiene products and diapers, or any solids other that human waste, down any plumbing drain or waste lines by any occupant

·  Internal or external water damage caused by overflowing sinks, tubs, or toilets or spillage or other water damage not caused by plumbing material defect or faulty plumbing installation

·  Damage caused by falling trees or other landscaping located on or off the property

·  Damage caused by the removal of trees or grading changes and any resulting circumstances due to the a modification of landscaping after title transfer to the Homeowner

·  Fireplaces

·  Driveways

·  Exterior and interior painting

·  Any damage that is determined to be due to a lack of homeowner maintenance

·  Any repair work done to the property that was directly coordinated by the homeowner outside of the stated Limited Warranty Claim Process described in this form

·  Appliances

·  Door or window functions that are determined to be caused by normal humidity or moisture fluctuations

·  Broken windows, damaged or torn screens that were not noted as damaged on the Walk-Through Checklist

·  Landscaping including trees, shrubs, flowering plants or grass planted on property.

·  Mold

·  Pests or vermin including but not limited to: mice, squirrels, woodchucks, rats, bats, raccoons, chipmunks, skunks, foxes, possums, roaches, fleas, bees, ants and termites.

COVERED ITEMS

This Limited Warranty covers failure due to material defect or faulty installation of the following items provided the items were included as part of the rehabilitation of the property through the Home Rochester or ACA programs:

·  Roofing systems

·  Heating systems

·  Plumbing systems

·  Electrical systems

·  Doors and windows

·  Vinyl siding

·  Gutter systems

The Buyer and Seller mutually understand that any damage caused by failure due to material defect or faulty installation in any of the above mentioned systems will be corrected at no expense to the buyer. This Limited Warranty is NOT a property maintenance program and failure or perceived failure to any system due to pre-existing conditions, neglected maintenance, irregular wear and use or extreme weather will NOT be covered under this Limited Warranty.

Buyers are required to report any warranty related concerns to the City of Rochester within seven (7) days of assumed failure using the warranty claim process described below.

Home Rochester/ACA Limited Warranty Claim Process

1.  The homeowner must complete the Home Rochester Warranty Review Request Form, attached, immediately upon discovering an assumed failure.

2.  The form is to be forwarded via fax or mail to the fax number/address at the bottom of the form.

3.  A representative from the RHDFC will review the request and may contact the Homeowner to conduct further research if necessary.

4.  The homeowner will be contacted to schedule a physical inspection of the assumed failure and determine if it is due to material defect or improper installation and is covered by this Limited Warranty.

5.  If the failure is determined to be covered by this Limited Warranty, a remedy to the failure will be determined and an appropriate contractor will be assigned to complete the repair(s). The work will be scheduled with the homeowner and contractor.

6.  When the work is complete a final inspection will be conducted and the homeowner will be required to sign a copy of the original Warranty Review Request Form stating that the work was completed for each item.

The Buyer will be required to provide access to the property for any inspector or contractor, designated by the City of Rochester or the RHDFC, to address any Warranty Review Request items. If access to the property is not provided, the terms of this Limited Warranty will be considered null and void. This Limited Warranty is for a one year period beginning the date of title transfer to the owner-occupant purchaser. If title is transferred in any form to a third party or the homeowner is found to be in violation of any of the program regulations, including fulfillment of post purchase education requirements, before the one year Limited Warranty period has elapsed, this Limited Warranty shall be deemed null and void. Any dispute, arising from the determination of covered warranty items or his Limited Warranty process, will be referred to binding arbitration in accordance with the Purchase and Sale Contract for the sale of the property.

I understand and accept the terms and conditions of the Home Rochester /ACA Limited Warranty as described above:

______

Homeowner/Buyer RHDFC Representative

______

, Homeowner Jean A. Lowe, President

______

Date Date

Property Address:

Date of Closing: ______

Home Rochester /ACA

Warranty Review Request Form

Date:______

Property Owner Name: _ Phone:

(Please print)

Property Address: ______

(Please print)

Please describe, in detail, any warranty issues. Include the date the problem began and the assumed cause: (please attach additional sheets if needed)

Date Property Purchased: ______

Description of Warranty Issue: ______

______

____

______

_

______

Signature of Homeowner

Please forward this review request to the following:

Maritza Mejias

fax (585) 428-6137

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Warranty Issue / Approved / Date Repaired / Homeowner Sign-Off / Denied / Reason for Denial