Q: We purchased a home at the end of February which included a one year home warranty. The title company did not pay the
warranty company at the time, and now say they did not receive an invoice. We filed claims in June, not knowing we were not covered. At this point we were informed they had not paid the warranty. The title company sent the check, and told us it was resolved. The warranty company says our account did not begin until after the check cleared, and any claims we submitted will now be considered preexisting conditions. What are our options? This is in the state of Colorado.
A: You should contact a real estate attorney. Based on your facts there is a significant possibility that the title company is liable for the warranty amount, but an attorney will need to review all the documents to make sure. Since this involves litigation (and not just asking free advice) you should be able to find a lot of attorneys who will provide a free consultation.
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