Re: construction Arbitration Services

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On 9/05/06, Homeowner wrote:
> Most homeowners are told by the FTC that houses do not fall under MMWA
> because they are not a product. A manufactured home, on the other
> hand, is. I have read cases where people were able to use MMWA in
> disputes about manufactured/mobile homes. If anyone has a case or
> statute where it says MMWA applies to a (non-manufactured/mobile)
> house please post it. I suspect that in SOME cases lawyers have been
> able to argue it applies, but overall i have seen that it doesn't.
> Would love to be proven wrong on this.

> Homeowner, please go to
www.ftc.gov/bcp/conline/pubs/buspubs/warranty.htm#Magnuson-Moss...."
Finally, the Act does not apply to warranties on products sold for
resale or for commercial purposes. The Act covers only warranties on
consumer products. This means that only warranties on tangible property
normally used for personal, family, or household purposes are covered.
(This includes property attached to or installed on real property.) Note
that applicability of the Act to a particular product does not, however,
depend upon how an individual buyer will use it." ...Isn't a home that
is "constructed" on real property also "installed" on real property? I,
too, would love to locate such a case.

>
>> Also Magnuson-Moss Warranty Act! Contact FTC to file COMPLAINT: 877
>> 382 4357 or go to: www.FTC.org.
>>
>> Wake up America...tell everyone you know NOT to accept any Home
>> Warranty with Binding Arbitration. Of cource, your builder will not
>> tell you disputes require Binding Arbitration...only shoddy builders
>> who build to MINIMUM standards offer them...! These warranties are
>> usually presented as a "GIFT" from your builder! NEVER accept a 2-
>> 10 HOME BUYERS WARRANTY!!