SECTION 7: Resolving Disputes † 7.1 Overview Our preferred method of resolving Limited Warranty claims is to address them directly with you. That is why we require the procedure described in Section 5. If we, however, are unable to resolve your concerns, you have the option of requesting mediation as provided in Section 7.2 below. If you elect not to pursue mediation or if mediation does not resolve the dispute, then the dispute must be resolved by binding arbitration as provided in Section 7.4. 7.2 Mediation by PWSC If you are not satisfied with our response to your Limited Warranty request, you have the option of requesting mediation of your Limited Warranty request by providing written notice to Professional Warranty Service Corporation (“PWSC”). PWSC’s contact information is: Professional Warranty Service Corporation, P.O. Box 800, Annandale, VA 22003-0800 (4443 Brookfield Corporate Drive, Suite 300, Chantilly, VA 20151). Confirm the physical address before sending hand-delivered materials by calling 800.850.2799. Mediation is not arbitration. It is simply the process of a third party trying to help other parties resolve a dispute. If PWSC is unable to successfully mediate your Limited Warranty request within 45 days after PWSC’s receipt of the mediation request, or at any earlier time that PWSC determines that you and Pulte Homes are at an impasse, PWSC will notify you that your Limited Warranty request remains unresolved. At any time you may terminate the mediation process. Your election to mediate a dispute regarding your Limited Warranty request does not eliminate your obligation to comply with state procedures as described in this section.
7.3 State Procedures - Prior to Arbitration
Some states require parties to take preliminary steps before an arbitration or legal action may proceed. Those steps may include, but are not limited to, a notice of alleged defects by the Homeowner to a specific person or by specific means (such as certified mail or personal delivery) using particular notice language. Any response by us to a notice that does not comply with the applicable state’s requirements will not be a waiver of our rights under the applicable state law. 7.4 Arbitration If a claim relating to your home or this Limited Warranty is not resolved, we believe it is best to have a fair and efficient way to resolve that claim. Accordingly, either party must submit any unresolved claim or dispute concerning your home or this Limited Warranty, whether based on statute, in tort, contract, or other applicable law (including, but not limited to, any and all claims, cross- or counterclaims, defenses, and/or affirmative defenses related to the purchase and sale of your home, disputes regarding whether a defect is covered by this Limited Warranty, and claims for personal injury) to binding arbitration, except that either party may bring any claim to a small-claims court if the claim is within the small-claims court’s geographic and monetary jurisdiction. Binding arbitration means that we each give up the right to go to court or jury to assert or defend rights (except for matters that may be taken to small- claims court). That does not mean, however, that you give up any claims simply by presenting those claims to an arbitrator. The parties’ rights will be determined by a neutral arbitrator and not by a judge or jury. An arbitrator’s decision is final and binding, subject to appeal as provided later in this Limited Warranty. If a party uses litigation to enforce the requirement to arbitrate, the court will award such party its court costs and reasonable attorneys’ fees.
† See the HUD Addendum for modifications to this section.
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