Ideally, all parties to the transaction should try to attend the inspection. This includes buyer, seller, and Realtors, but not friends, relatives and children. Remember, the home inspection process is not a showing. It is also important to coordinate with all parties to set a firm date and time for the inspection. To avoid undue stress on the sellers, especially if they are still living in the home, all due courtesy should be extended to them by Realtors and buyers alike to not arrive early, but rather to be punctual as to the time agreed upon. If persons other than the buyer and seller and their spouses want to attend the inspection, permission should be obtained first. Normally, the Real Estate Agent will set the time for the inspection appointment and confirm that all utilities are on.

The inspector will bring all the necessary tools and equipment to perform the inspection. However, if the Buyer wishes to have an active participation in the process, it is recommended that the Buyer bring a note pad and pen to write down observations and comments by the inspector for later discussion. A tape measure might also come in handy to measure clearances and dimensions such as the opening for a refrigerator. Although not necessary, some Buyers may want to follow the inspector into attics and crawl spaces. Should this be the case, the Buyer should bring a flashlight and wear jeans or work clothes. Because of liability and insurance concerns, most inspectors will not allow Buyers to walk the roof, attic or other areas that would place the Buyer in harm’s way.

Upon arrival, the inspector will briefly outline the elements of the inspection, clearly defining what will and what will not be inspected to ensure that all parties understand and are in agreement regarding the level of service that has been ordered. This is all outlined in the pre-inspection agreement. If not previously signed, the inspector will ask for the inspection agreement to be read and signed. The agreement will clearly specify limits of liability, areas of exclusion from the inspection, limitations of the inspection service, etc.
The Buyer should feel perfectly comfortable following the inspector throughout the house during the inspection and ask questions. The inspector should not only inform the Buyer of defects and areas of concern, but should also walk the Buyer through routine maintenance items such as furnace filter changes, humidifier servicing, where the main water and gas shut-off valves are
located, thermostat adjustments, etc.

This will depend on the type of home being inspected. Older homes and larger homes tend to take longer than newer or smaller homes. Additional services will also add to the inspection time such as pool inspections, termite inspections etc. As a good rule of thumb, it is wise to expect the inspection to take approximately three hours.

The fees for professional home inspectors will vary from company to company. It is important to remember, however, that it is the inspector’s experience and ability to identify defects that will ultimately protect you from potential hidden liability. The services of a veteran inspector of many years experience will undoubtedly cost a little more than less experienced inspectors, but the value of their increased knowledge will greatly exceed the modest additional cost. In today’s market, the cost to repair or remedy a missed defect far exceeds the tiny premium paid for the very best in inspection services.
Beware the discount inspectors! They frequently have minimal experience and are not properly insured. Many tend to leave the inspection industry as fast as they enter it. Veteran inspectors on the other hand with hundreds or thousands of inspections typically have been in a house of similar construction or style as yours and can immediately identify with the potential issues. They may also bring historical neighborhood data with them such as common plumbing, roof or siding issues that originate back to original construction. This invaluable data and knowledge is gained only through many years of experience.
Remember, you are about to embark on the largest investment of your life. Choose your inspector with confidence and one that will be there if and when you need them!

Payment is usually expected at the end of the inspection unless other arrangements have been made. Usual forms of payment are check or cash. Some inspection companies accept major credit cards. To avoid misunderstandings, ask the inspector beforehand which method of payment is preferred.
Most inspection companies will not invoice their fees with the closing because it can be construed as a conflict of interest. Inspection companies should not benefit in any way by a real estate closing. While very rare, there are always unscrupulous companies in every industry that may be tempted to gloss over their findings for fear of not getting paid at a later date!

If defects are found during the inspection, the seller may be asked to repair those items. Typically, the inspection procedure follows this process:
(1) Inspection is performed within a specified time (generally written in the purchase agreement or contract, typically within 10-15 days);
(2) The Inspection Report & Photo Journal are delivered to the Buyer;
(3) The Buyer (with REALTOR®) decides which (if any) defects he/she wishes the Seller to repair. This is put in writing and sent to the Seller through the REALTOR®. NOTE: If a particular defect is not understood by the buyer, seller or the repair contractor, a brief call to the inspector will normally clarify the issue. Keep in mind that the inspector speaks only from what the inspection report states and not what the Buyer has asked the Seller to repair. Make sure the details of the report are understood;
(4) The Seller or Listing Agent (Seller’s Realtor) responds in writing to the Buyer agreeing or disagreeing regarding the repairs requested;
(5) Repairs are performed. Receipts would then be presented to the Buyer, and in many cases, a reinspection may be performed before closing on the sale. Repairs should be completed by licensed contractors in their respective fields.

A typical menu of inspection services: Pre-sale home & building inspections
• Pre-listing home & building inspections
• New construction monitoring inspections
• Commercial building inspections
• Stucco/Siding inspections
• Licensed termite inspections (WDO)
• Expert witness testimony
• Water analysis for bacteria, nitrates, nitrites and lead Optional Areas of Inspection:
• Radon testing (e-perm and continuous radon monitors)*
• Swimming Pool • Hot tub • FHA/VA certifications
• Sprinkler system • Lead testing
• Well and septic inspections** • Bulkhead/boat dock
* The sewage disposal system, if not municipal, will be some type of septic system. An inspection of the septic system should be conducted by a licensed septic contractor. Older septic systems may prove problematic, especially if the number of people living in the home has greatly increased.
** Although Radon testing is not required by most lenders in the area, Radon poses a possible health risk in many other areas of the country and should be considered for inspection. (See more about Radon in the Home System Information section in this booklet, page 9.) Most relocation companies and many buyers however, will request this test.

Depending upon the company, a hand-written or computer generated report may be presented at the end of the inspection, delivered later, or electronically mailed. In some cases, the report may contain detailed photographs of the house and any defects or problem areas found. Ask your inspection company if they provide this photo service. Many times a good photograph can help clarify and quickly resolve an issue, especially for clients with limited construction or home ownership experience.
Some companies combine their reports with home owner inspection manuals such as the HOME GUIDE, which includes as much as 200 pages of home maintenance tips and additional information to better understand the home inspection report.

The prospective purchaser of your home will usually order a thorough inspection by a professional inspection company. Here are some suggestions and guidelines for dealing with the inspector and the results of the inspection.

Access
Anticipate that the inspector will walk through your entire home. Make every effort to clear storage items, boxes, etc. that may hinder access to electrical panels, attics, basements and crawl spaces. A parked car that blocks attic access over the garage area, for instance, may mean a return trip which is costly and inconvenient to everyone.

System & Procedure of Inspection
Every inspector will have a proven system that they will repeat at every inspection. This inspection system is one of the ways that is used to detect defects, potential issues and limit liability for all. For example, the inspector may start on the exterior and move clockwise around the house and then move to the interior starting from the kitchen. Let the inspector do his job. Do not limit him to time constraints or ask him to do certain areas first because you have to leave. While all professional inspectors will not allow themselves to be pressured for time, most will be more than happy to re-schedule the inspection to a more convenient time if you cannot allow access for the time period necessary.

Electrical Bulbs & Light Fixtures
Replace burned-out bulbs and/or install bulbs in all light fixtures prior to the inspection.

Pets
If you have a pet that is easily excitable, dislikes strangers, or is prone to bite someone, put it in a cage, or perhaps remove it from the property on the day of the inspection. If you will not be attending the inspection and have a pet that should not be let out of the house, or should be confined to a particular part of the house, leave a note to that effect on the front door. Also, it helps to know the pet's name to put it at ease.

Communicating with the Inspector
We recommend the following:
• Do NOT make verbal representations about the condition of the home.
• Do NOT negotiate with the inspector over his findings.
• Do NOT hide defects. This could result in future liability.
• Do NOT expect to know the results of the inspection immediately. The inspection report (if paid for by the Buyer) is confidential for the Buyer. In most cases, a copy of the inspection report will be made available to the Seller or Seller's Realtor® at a later date.
• If possible, do not interfere with the inspector and the buyer. The inspector is there both to assess the condition of your home and to provide reassurance to the Buyer. Interference by the seller/homeowner normally makes the new home buyer more apprehensive because they sense the existing owner is trying to hide something.

Radon Inspection Preparations

If a Radon inspection is to be performed, there are guidelines from the Environmental Protection Agency (EPA) which the Seller should follow prior to and during the testing. You will be asked to sign a document validating your having complied with these guidelines.

• Windows are to be closed 12 hours prior to and during the test period. Window closing may be delayed until the beginning of the inspection if the testing period is extended (96+ hours).
Crawl space vents are to be closed during the test period.
• All doors should be kept closed (except for normal entry and exit).
• Fireplace dampers should be closed (fireplaces and wood-burning stoves should not be in operation during the test period).
• Exhaust fans (kitchens & bathrooms) should be used only when absolutely necessary. Use of Jenn-air grills should be avoided during the test period.
• The radon testing units must not be touched, moved or tampered with in any manner during the test period.

It is the inspector's responsibility to uncover and point out the visible defects. Questions over whether the Buyer or the Seller should pay for defects are not within the contractual responsibility of the inspector. No two real estate transactions are ever the same. Decisions over what the Seller is responsible for is really more of a process than a hard-and-fast decision.

Once both parties agree on the repairs as outlined on the inspection report or on the purchase contract, and who is to take care of them, the negotiating process is normally over and repairs are typically completed prior to the closing. Proof of repairs through receipts or a re-inspection is the final step. For a nominal fee, most certified inspection companies will perform re-inspections to ensure repairs were completed, if the repairs were carried out by licensed contractors.

The fees for this service vary from company to company but normally range between thirty to fifty percent of the origional fees. In some cases it can be as much as the original fees because of the extent of repairs to be reinspected.

(NOTE: Professional home inspectors will never conduct repairs of any nature on the home they inspect. It is a conflict of interest and prohibited by all professional associations. It is wise to stay clear from companies practicing such services. It is normally indicative of an inexperienced or unscrupulous inspection company.)

It is not uncommon for Buyers to experience problems with their new homes after moving in. For instance, the 15-year old air conditioner may decide to quit working within days of moving in, or suddenly there’s a leak in the roof after a particularly hard rain. There is the understandable impulse to blame the home inspector for these unexpected failings. However, it should be remembered that the home inspection is non-invasive, and is based on the visible conditions at the time of the inspection. Home systems can fail at any time because the house continues to age, people continue to interact with it, and factors such as high winds and rain from a storm, or improper use/maintenance of a system can result in a problem. Too, factors totally unrelated to the inspection such as damage caused by the movers or an improper post-inspection repair may cause problems. And the removal of the Seller’s furniture or a remodeling project may also uncover issues that were not visible during the original inspection. It is because of these post-inspection possibilities that it is so important for the Buyer to conduct a thorough walk-through of the house immediately before signing on the closing. Make sure that all systems continue to function as represented, and that the exit of the Seller from the house has not caused or revealed any conditions not noted in the home inspection report. Remember, too, that professional home inspectors will document every condition and test result to support you with claims from your home warranty (if one was purchased). And finally, it is hoped that you were diligent and thorough in selecting your home inspector. It is the veteran inspector with professional credentials and years of experience who will most likely uncover the hidden defects that pose the financial risks of your real estate transaction.

After having a professional inspection done on their home, Sellers or Buyers should next consider the advantages of purchasing a home warranty. Statistics on real estate transactions taken over a period of many years demonstrate the true value of a home warranty. For example: (1) Eight out of ten Buyers prefer to buy a warranted home; (2) Home warranty coverage can protect the Seller or Buyer against costly repairs while the home is listed for sale; (3) Home warranties reduce the possibilities that the Seller will be asked for compensation after the closing; and (4) For the Buyer, a home warranty provides financial protection for unexpected system breakdowns, such as: HVAC system, kitchen appliances and in some cases, roof leakage. Home warranties will vary, with allowances or deductions for unexpected roof issues, systems age limitations and exclusions for pre-existing conditions.

There is no question that everybody questions the expense of realtor fees at the end of every real estate transaction, but very rarely reflects on the benefits. The real estate profession is crucial to every real estate transaction. Experienced inspectors have witnessed on hundreds of occasions, buyers being taken advantage of by sellers or sellers being taken advantage of by buyers, all because of inexperience. In all cases, one or both parties were unable to negotiate the inspection findings or navigate their way through the real estate process. In some cases both parties became too close to each other, our in come instances one of the parties were not as up front and honest as they made themselves out to be. “The seller is so nice that the buyer agrees to letting the seller off the hook for repairs noted on the home inspection report”!.

A penny wise a pound foolish is a very old saying. Don't get caught paying for these un-necessary mistakes. They can be avoided. This is your investment, protect it. Choose a professional real estate agent that will serve your interests from the start to finish and that will always be available to you throughout the real estate transaction.

Every real estate transaction requires a wood destroying organism (WDO) inspection and report to be completed by a licensed termite inspector. In the past, home Buyers and Sellers were limited to calling a termite or pest control company to perform a WDO inspection. Frequently, the reports they received were compromised because some WDO inspectors were less than forthcoming. Why? Because of vested interest. If the home that is being inspected has been under a termite bond by the company for whom the inspector works, either currently or in the recent past, the WDO inspector is disinclined to report significant termite damage. Too, all too often, WDO inspectors are swayed in their inspecting services by the fact that their primary interest in conducting the inspection is to sell continuing treatment services. Home inspectors, on the other hand, are not in the business of selling pest control services or any other type of service that calls for paying additional fees. In fact, that is contrary to the standards of practice upheld by the national home inspectors associations.

However, things are changing. Many home inspectors today are completing the special training and state certification requirements for WDO inspecting so they can offer an unbiased WDO report in addition to the standard home inspection. Apart from the obvious advantages of convenience and time savings, the home inspector who is licensed for WDO inspecting can now give an unbiased WDO report without his professionalism being compromised, because he is not involved in selling post-inspection pest control treatment services. Ask your home inspector if he is licensed for WDO inspecting. If so, then you may enjoy both convenience and peace of mind from the expanded services.

A second home, or any home for that matter, which is left unoccupied for more than several days at a time is at risk should one or more of the home systems, i.e., electrical, plumbing or heating, fail during your absence. A simple power failure during freezing weather or lightning strike could lead to thousands of dollars in loss.
One of the more helpful and valuable exchanges that can occur between the Buyer and Seller of a house is information about earlier failures and how to prevent them. A discussion of any systems that are on "automatic pilot" mode, or need to be actuated or shut off prior to leaving the house for a protracted period of time, is helpful. Regardless, here's a brief check list of items to think about before leaving:
(1) Turn off the water
Summer or winter, when leaving the house for a week or more, turn off the power to a well pump at the water meter or the main valve to the house. For city water, or shared water systems, turn off the main valve;
(2) Cooling
During the summer, make sure the HVAC system is set at approx. 78°F. This will ensure the air is properly circulating & conditioned. This is important especially in areas with high humidity levels. Over an extended period of time, unconditioned air, especially in areas of high humidity, may accelerate mold or mildew problems;
(3) Fuels
Turn off gas or oil service at the shut-off valves;
(4) Monitoring the house
The home should be monitored both for physical condition and possible intrusion by strangers. A trusted neighbor is invaluable for keeping an eye on things while you are gone. In some areas, you can hire a service company to check on your home for a modest fee. During extremely cold or stormy weather, the house should be checked more frequently;
(5) Security
A low temperature sensor attached to an alarm system is advised;
(6) Heating
During the winter, keep a minimum heat level in the home, especially a home with a basement or deep foundation. This will avoid structural foundation damage caused by frost and freezing of the soil;
(7) Hot water heating system
Add antifreeze to the heating system if you heat with hot water (NOT with steam);
(8) Winter absence
If the house will be unheated throughout most of the winter, proper draining and flushing of systems are necessary. Hire an expert to winterize the house;
(9) Freezing pipes
If water is present in the pipes, leave the cabinet doors open below the sinks. IMPORTANT: Merely wrapping pipes with insulating material will NOT prevent freezing; it only slows the process. Insulating between pipe and outside wall is recommended, but heat from the interior must be able to get to the pipe to keep it warm;
(10) Reminders
Provide reminders throughout the home for visitors during showings to return all systems to their original settings (i.e.: thermostats, clocks, light switches, etc.).

Many people elect to buy a newly-constructed home in the belief that they will escape most of the problems associated with older homes, and that the new home will be free of serious defects. They are encouraged in this belief by the builder's warranty, thinking any defects in construction will be minor and quickly repaired at no cost to the home buyer. One has only to take note of the phenomenal surge in lawsuits between builders and home buyers to realize that the complexities of new home construction bring their own kind of risks.
We believe that anyone buying a newly-constructed home should have it inspected by an independent, professional inspection company no matter who builds the home, and irrespective of the warranty extended by the builder. The wisdom behind this advice comes from our many years of practical experience in the home inspection business.
Even the most conscientious and experienced builder will make unintentional mistakes or oversights that can impact on the structural and systems integrity of a new home. Part of the problem lies in the increasing complexity of new home construction, and the financial pressures that force an accelerated pace of construction. "Haste makes waste," remember? Add to that the constantly changing building codes and oftentimes over-worked City Inspectors, and the door is wide open for serious problems and omissions.
New home construction has become more complex because of the continuing introduction of new materials and components which, if installed improperly or fail to meet stated performance standards, can result in structural damage or systems failures. Many class action law suits have been filed calling into question items such as siding defects, moisture intrusion, mold accumulation, plumbing failures and stucco problems, to name a few.
Endemic to new home construction are the defects incurred due to omissions. Visit a building site where a new house is under construction and take note of the dozens of individuals at work. Re-visit the site a week later and you will see dozens more at work, and usually they are not the same workers you saw on your first visit. Framers, roofers, plumbers, electricians and a host of others are coming and going to the site every day for weeks on end. Each group of tradesmen probably works for a different sub-contractor. They are concerned only with their particular job assignment and usually pay little or no attention to the work being done by other trade groups. Theoretically, all of the work on the house is being supervised by a site superintendent who works for the builder. But when 10, 20, or more homes are all under construction at one time, and under the supervision of the same superintendent, and literally hundreds of subcontracted workers are flowing in and out of the site, it is easy for a superintendent to miss something. A mistake may be made, but before the superintendent has an opportunity to check it, it can be covered-up by other work. The same problem exists for the City Inspector, who visits the site to check for building code compliance. The Inspector is time-pressed just like the superintendent and the subcontractors. The builder, his superintendent, the subcontractors and the City Inspector are all relying on each other, and the situation is ripe for errors or omission. In some regions, it has been reported that the quality of construction has dropped dramatically because of overwhelmed City Inspectors and Superintendents. Recent studies in Orlando & New Jersey have found that some City Inspectors are conducting as many as 60 inspections per day.
Also, turnover is high among housing construction workers and just about every crew has one or more workers with little or no experience. These novices are learning their trade, and they make mistakes. Sometimes they leave things out or install things improperly, and unless it is caught and corrected by their supervisor, the damage or condition remains.
Unfortunately, the builder's warranty is not the answer to the challenge the home buyer faces in protecting his investment. In practical terms, the builder's warranty is a marketing device to further the sale of the home. The actual definition of a structural defect under a ten-year builder’s warranty is, "Actual physical damage to a load bearing element of a home which makes the home unsafe, unsanitary and unlivable". In other words, your home must be in such structural disrepair that you cannot live there anymore before any warranty claims can be made. Now this is not to say that warranties will not fix a problem.
Call-backs to fix problems are expensive and time-consuming for the builder. So the builder is waiting for YOU, the owner, to invoke the terms of the warranty. In other words, it is YOU who must discover the omissions or shoddy work and then demand the repair. A leaking pipe, a squeaking staircase, or a light fixture that doesn't work are easy to spot. But many omissions and defects will not reveal themselves so easily, or within the 12-month warranty period. The newly-constructed home will not exhibit the historical settlement data that is so valuable in determining defects in an older house. It has not set long enough to exhibit the effects of the various stresses and loads imposed on the various components. Veteran home inspectors will quickly confirm that it is far easier to identify the defects of a 50-year old house than a new one because of the performance data that is available to a visual inspection. The passage of time also produces performance data related to waterproof membranes such as roof coverings, moisture intrusion issues which occur due to inadequate sealants and flashing, tile enclosure issues due to improperly installed tile, drywall and plumbing systems, to mention a few. Experienced inspectors are trained to identify visible issue that can pose a problem later. It is for this reason that your choice of inspector is critical.

It goes without saying that when assessing the cost of inspection services, there is a cost-to-benefit ratio to consider based on finances available, but there is also a minimum level of service which everyone should consider. The following services are strongly recommended:

Phase I: Slab Inspection
Formwork, plumbing, reinforcement, termite treatment, moisture barrier and any other material to be embedded in the concrete are inspected while visible.
Typical elements inspected include:
• Excavations, clearing and fill material.
• Footers and foundation walls, steel re-inforcement and framework.
• Slab thickness and debris in pour area.
• Visible plumbing and drainage systems.
• Vapor barrier and termite treatments.

Phase II: Framing Inspection
Inspection of the building shell before the application of finishes enables us to examine in detail the visible structural elements of the home. The entire house is inspected on a room-by-room basis. All accessible trusses are viewed for compliance with design engineering documents, including on-site truss repairs where contract documents are available.
• Framework • Electrical and plumbing fixtures
• Support beams • Roof venting • Hurricane resistance • Anchors/strapping
Where deficiencies are found, recommendations for repair & upgrading are made. A typed report with photographs is provided.

Phase III: Final (or Punch Out List) Inspection
The final inspection is carried out prior to closing when all fixtures and finishes are in place and electricity and water are turned on. All systems are checked, including structure, exterior, roof, floors, ceilings, air conditioning, electrical, plumbing, appliances etc.
• Missing roof insulation
• Inadequately sealed windows and stucco details
• Poorly installed vinyl soffits, fascias and eave drip
• Air conditioning duct leakage / installation
• Poor yard drainage / grading
• Uncut roof vent openings
• Improper circuit breaker protection
• Damaged or improperly installed roof coverings
• Missing flashings

Phase IV: One Year Warranty Inspection
Every newly-built house comes with a one-year warranty which requires the builder to fix anything that falls under his responsibility. Failing to conduct a proper inspection by a qualified inspector before the warranty expires will leave the liability of any defects or omissions discovered in the future in the hands of the home owner.
Experience tells us that most major construction defects go unnoticed for 3-5 years.
By this time, the defects could cost many thousands of dollars to remedy instead of only a few hundred. Unfortunately, most of these defects go unnoticed until it is too late and the homeowners will have to foot the repair bill.
Assisting in preventing the possibility of future costly repairs is the goal of a "One Year Warranty Inspection". The inspection covers over 500 items and includes testing of all systems and components. All visible and accessible components will be inspected to determine the presence of any defects such as manufacturer and/or contractor’s flaws not visible to the untrained eye. This "last chance" inspection is essential in providing owners with the peace of mind they deserve.

The National Association of Home Builders has published residential construction guidelines for professional builders and remodelers, which outlines the variances and the degrees of tolerances in construction that are deemed acceptable by the building industry.

These guidelines do not supersede any code or local requirements. They are generic in nature and open to interpretation. They cover such issues as tile cracks, building settlement, plumbness of walls and many other building deficiencies that are to be expected with new construction. It also outlines what you should expect of your builder to correct an issue if it is outside the accepted tolerance. It is important to understand that many builders have adopted and practice what are termed "industry standards." Frequently, these "industry standards" do not meet any acceptable tolerance criteria and/or building codes but code officials approve them as an alternative acceptable practice. For further and more detailed information, you may obtain a copy of the residential construction performance guidelines for professional builders and remodelers at: www.NAHB.org, or telephone 202/822-0216.

The state of Florida has enacted legislation defining how builders are to address construction defects. This law was enacted primarily because of pressure brought by consumer advocate groups responding to the high incidence of complaints in dealing with builders to resolve differences over alleged construction defects.
The homeowner or claimant must serve a notice of claim within 15 days after discovery of an alleged construction defect. Failure to file a claim within the notice period will not bar an action, i.e., lawsuit. Within 10 days after service of the notice of claim the contractor or his sub-contractors, or design professionals have the opportunity to inspect the defect within 5 business days of receiving a copy of the notice of claim.
The claimant will provide the contractor or his associates reasonable access to inspect the defect during normal working hours to determine the nature and extent of the problem. Prior to performing any destructive testing, the contractor must notify the claimant in writing of the type of testing and damage anticipated by the testing in addition to any works to repair the damage caused by the testing. Once the contractor has received the notice of claim, he must report back to claimant within 25 days with a written response.The builder's or contractor's response must state that the defect will be remedied at no cost to the claimant, or offer a compromise to settle the claim in which monetary funds will be paid within 30 days of acceptance of the offer to settle. If the contractor or his associates have offered to remedy an alleged construction defect or offered a compromise to settle a claim with a monetary payment, the written response must contain a statement in which the claimant shall be deemed to have accepted this offer if a written statement is not served by the claimant within 15 days.
Home owners are advised to pay strict attention to these mandated response times, and send all complaints, offers and counter-offers via registered or certified mail. If the builder or contractor refuses to remedy the alleged defect and/or does not offer a compromise to settle the dispute, the homeowner may proceed with litigation. In rejecting a claim or offer tendered by the builder, the homeowner's letter to the builder must use the word "rejected," and be sent by registered or certified mail. By the same token, if the homeowner accepts the builder's offer or compromise, but the builder fails to follow through, the homeowner can also proceed with an action against the builder without delay. It is extremely important that the homeowner follow the legal procedures very carefully, otherwise the claim will be inadmissible in future action or lawsuits. This law took effect on May 27, 2003.

(1) The wir