Is a warranty transferable?
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Is a warranty transferable?
I am a general contractor who preformed work on a house 2 years ago and gave the homeowners a 3 year guarantee on workmanship. Recently they sold the house and sold it with a remaining 1 year guarantee saying that we would warrant the guarantee. However, we were never informed of this guarantee transfer. Am I liable if something goes wrong now that ownership has changed, the original contract does not say anything about being transferable?
Asked on January 16, 2014 under Business Law, New Hampshire
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 10 years ago | Contributor
A warranty is itself a contract. A contract can be assigned (transferred) unless it explicitly states somewhere in it that it can't be assigned. Therefore, unless the warranty or other contract you had with the homeowner stated that the warranty could not be assigned or transferred, it can be.
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