Construction Defect Complaints

Is there any program to help me with construction defects in my home? Yes/No/Maybe

The correct answer is yes. Dealers and manufacturers provide buyers with notices regarding construction defect complaint procedures. There exists a California program to address complaints and a HUD program.

Do manufactured homes come with a warranty? Yes/No/Maybe

The correct answer is maybe. New manufactured homes sold must be covered by a one-year warranty against substantial defects in materials and workmanship according to California law. The manufacturer and dealer are jointly liable to correct problems. Manufacturers may provide warranties for periods longer than one year. The Department of Housing and Community Development (HCD) may investigate warranty complaints and order repair of problems.

Should I contact HCD immediately when I discover a construction defect? Yes/No/Maybe

The correct answer is no. To address construction defects, home owners should report problems immediately to the dealer and/or the manufacturer. If dealerships or manufacturers do not resolve problems within the one year warranty period, owners should file complaints with the California Mobilehome Ombudsman’s office at 800-952-5275. The Ombudsman’s office will refer the complaint to HCD staff for investigation and action.

If the complaint has not been addressed by the manufacturer after notifying HCD, home owners may apply to HUD at 800-927-2891. HUD conducts a federal mediation and arbitration process.

Does anyone check up on manufactured home builders? Yes/No/Maybe

The correct answer is Yes. As the State Administrative Agency, HCD personnel conduct monthly audits of manufacturers and monitor how they handle complaints. If a manufacturer chronically falls below standards, HCD may take administrative steps including legal action. Responsibilities of manufacturers include:

• Investigating any complaints;
• Determining whether the manufacturer is responsible for making repairs;
• Correcting problems; and
• Maintaining documents and records.

Do manufacturers have to correct construction defects in all the homes they build? Yes/No/Maybe

The correct answer is Maybe. HCD and manufacturers may be involved in correcting construction defects in a large number of homes. In such cases, HCD and the manufacturer work out a plan to notify owners and correct problems in a timely manner.

Strange, Kim. January 28, 2008. “Information Bulletin 2008-04 (MH, OL)”

California Department of Housing and Community Development. 2011 “State Administrative Agency.”

Copyright - Carl Eric Leivo, Ph.D.
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