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Warranty FAQs |
August 4, 2005
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- 1. What is the KB Home Limited Warranty?
The KB Home Limited Warranty (“Warranty”) is the warranty provided to all new
homeowners. It comprises two warranty books, (a) the KB Home Limited
Warranty (Vol. 1) and (b) the Warranty Performance Standards* (Vol. 2)
*In California, homeowners receive the "Homeowner
Maintenance Guide" rather than the Warranty Performance Standards.
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- 2. Where can I obtain a copy of the Warranty?
Copies of the Warranty are available from your KB Home Sales Representative
and Customer Service Representative.
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- 3. When should I receive the Warranty from KB Home?
You should receive the Warranty when you sign your purchase agreement.
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- 4. May I receive a copy of the Warranty before signing the purchase agreement?
Yes, simply ask your Sales Representative to provide you with a copy of the Warranty anytime.
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- 5. How are disputes resolved under the Warranty?
KB Home makes every effort to reasonably resolve each homeowner Warranty claim before it ever
becomes a dispute. However, if a KB homeowner has a dispute covered by the Warranty that we
cannot resolve, the Warranty contains provisions for resolving the dispute. Those provisions
require any unresolved Warranty dispute to be referred to arbitration.
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- 6. Where does KB Home state that arbitration is "binding"
on KB Home, but "non-binding" on the homeowner?
The current Warranty expressly provides that KB Home will be bound by the results of any
arbitration which takes place if the homeowner so chooses, but the homeowner has the right
to refuse to accept the arbitration results. If you are a KB homeowner with a warranty that is still in
effect and would like another copy of the letter notifying warranty holders that KB Home
will no longer enforce the binding nature of the arbitration provision in your warranty
with respect to any current or future disputes regarding your warranty claims,
click here.
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- 7. How does the arbitration affect the dispute?
The decision of the arbitrator is binding on KB Home but not on the homeowner.
Please see the Warranty for details.
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- 8. If a Warranty dispute is arbitrated, who pays for the arbitration fees and expenses?
Under the Warranty, KB Home will pay for all of the fees and expenses of the
organization conducting the arbitration, including the fees to initiate the
arbitration and the cost of the arbitrator.
This means that homeowners have no obligation to pay
the fees and expenses of the arbitrator for such arbitrations.
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- 9. Does the homeowner pay for anything in the arbitration?
Homeowners are responsible for their own costs, such as the fees and expenses of
any attorney or anyone else hired by the homeowner to help in the arbitration
proceeding.
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- 10. Where does KB Home state that it will pay for the arbitration fees and expenses?
The current Warranty expressly provides that KB Home will pay for the
arbitration fees and expenses. If you are a KB Home Warranty holder
with a warranty still in effect and would like another copy of the letter
notifying warranty holders that KB Home will pay for the arbitration fees and
expenses, click here.
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- 11. Why is arbitration under the Warranty referred to as “non-binding” arbitration?
“Non-binding” arbitration means that the arbitrator’s decision
is not binding on the homeowner. However, note that the arbitrator’s
decision is binding on KB Home.
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- 12. What happens if the homeowner is not satisfied with the arbitrator’s decision?
Under non-binding arbitration, after the homeowner receives the arbitration decision,
the homeowner must decide whether or not to accept or reject the arbitrator’s decision.
If the homeowner is not satisfied with the arbitrator’s decision, the homeowner can
reject the arbitrator’s decision and can proceed to file a law suit against KB Home
in court within the timeframes specified in the Warranty.
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- 13. What happens if KB Home is not satisfied with the arbitrator’s decision?
If the homeowner has accepted the arbitrator’s decision, then the arbitrator’s
decision is binding on KB Home. KB Home cannot reject the arbitrator’s decision.
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- 14. What happens if both the homeowner and KB Home are not satisfied with the arbitrator’s decision?
Only the homeowner has the choice to reject the arbitrator’s decision and can proceed
to file a law suit against KB Home in court. KB Home cannot reject the arbitrator’s
decision.
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- 15. If arbitration is “non-binding” on the
homeowner, is arbitration “mandatory” such that the homeowner is required to
participate in the arbitration or can the homeowner choose not to arbitrate?
Arbitration is still mandatory for the homeowner. The homeowner must participate in the
arbitration process prior to filing a law suit against KB Home in court.
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