Window glass vs new window - have I been duped ?

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z3r0c00l
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Joined: Wed Oct 07, 2015 7:51 am

Window glass vs new window - have I been duped ?

#1 Post by z3r0c00l » Wed Oct 07, 2015 8:11 am

Hello all,

I purchased a home where the sellers disclosure stated that the home have 43 new windows recently installed. Recently, we have discovered many issues with the windows. (leaking, cracks, frame and sill rot) - the home is relatively new.

Upon investigation, several contractors have stated that the pane of glass may be new but not the window itself.

What is the difference? if the seller stated new windows, should the frame, jambs, sills, and sash also have been new?

I am curious if there are any resources in terms of builder regulations that may define the difference. I've searched online but have not found much other than references to the parts that make up a window.

I have a feeling I've been hosed over.

regards,

Patrick

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Windows on Washington
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Re: Window glass vs new window - have I been duped ?

#2 Post by Windows on Washington » Wed Oct 07, 2015 8:15 am

Its possible they had a bunch of seal failures and had those sashes replaced under warranty.

Caulking is a service item and will break down over time. That is not an issue with the window by itself.

As far as the leaks go, we would have to know a bunch more about where and how it is coming in to make even a remotely educated guess as to the nature and fix for the leak.

z3r0c00l
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Re: Window glass vs new window - have I been duped ?

#3 Post by z3r0c00l » Wed Oct 07, 2015 8:19 am

Thank you for your reply.

The leaks appear to be coming through between the window pane itself and the sash that surrounds in some cases, in other case they are leaking between the sash and the frame of the window.

Seems to me these are not new windows but just a new pane of glass that was put into the old existing frame. Maybe that's ok.

I'll need to see if caulking can help as you mention.

Thanks

Patrick

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HomeSealed
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Re: Window glass vs new window - have I been duped ?

#4 Post by HomeSealed » Wed Oct 07, 2015 10:51 am

If the home is relatively new, it is very possible that the windows were merely serviced (parts replaced, etc) and not actually replaced. I wouldn't doubt that if another professional has already told you as much.

Regarding the ramifications of being "duped", that is an area of potential litigation that an attorney, probably someone specific to real estate law, would be better qualified to advise on.
That said, whether the windows were actually replaced or not, I'd say that there may be some sort of warranty coverage if the work was recently done. It would not be out of line at all to ask for documentation on this from the previous owners, particularly in light of the fact that the may have exaggerated the work that was actually done.

Did you have a home inspection? What were his/her findings regarding the windows?

TheWindowNerd
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Re: Window glass vs new window - have I been duped ?

#5 Post by TheWindowNerd » Sat Oct 10, 2015 5:49 am

A home owner is not the best at being accurate about terms in our industry. So whether ignorant or deceptive you would have to figure out which. Is reglazing with insulated glass units replacing a window, yes. Is putting an insert replacement window into an existing frame replacing a window, yes. Is removing the entire window, a full tear, and installing a new full frame window replacing the window, yes. All just various degrees of the same type work.

theWindowNerd

Guy
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Re: Window glass vs new window - have I been duped ?

#6 Post by Guy » Tue Oct 13, 2015 1:41 am

Patrick, I'm sorry to hear of your issues. With all the litigation in our industry I'm amazed anyone would make that statement to you without substantial information to back it up. In order to prove anything your going to have to find a good confident attorney that's played ball in our arena. First you'll have to determine "What is a Window". Is it the entire unit or the glass? Then you'll have to find out what was replaced and who did it. Was it done according to the manufacturers specs? Then you'll need to have a blower door test to determine where the windows are failing. It may be that the windows were never installed properly from the start. They may be missing insulation between the frame and stud. Seen it 100 times easily. After all this you have to prove the past homeowner was being deceptive! Last but not least you'll have to have a deep checkbook to cover the expenses to find out if you even have a chance at winning. I've been involved in so many legal battles as a non biased professional I should have written a book. I can't say I've seen it all but I've walked out of courtrooms just shaking my head. What I'm really trying to say is it might be smarter to slowly start replacing your windows instead of litigation. I'll guarantee it will be cheaper than trying to go the other way. Pay the money to have an energy audit with a blower door test. This test will show you where all your leaks are. This will give you the information you need to decide which road to travel. I really feel for you and anyone else in your position. I've watched people spend huge money to only lose their battle. It's just heartbreaking to see this happening daily. You'd think people would learn after seeing what others have done over the past 20 plus years. Good Luck!!!

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