We built a new home and closed in March of this year. How long is the builder’s warranty on a home and how long is he responsible for doing repairs?

Your construction contract should have some language on warranty and the term and conditions. Also check with your State office of the Attorney General or the Contractors License Board as to any required warranties that the builder must provide by State law. There may be other warranties expressed or implied that may be required pursuant to State and common law. Even if there is no language in your contract stating such, there may be warranties that must be honored. In addition there are various manufacturers and building material warranties provided through your builder but given directly by the respective manufacturers such as appliances, roofing, siding, windows etc.Be sure to get all the warranty documents from your builder. There is also a Federal law called the Magnuson-Moss Warranty Act that protects the consumer against faulty building products. You should have completed a punchlist with your builder during a final walk-through and acceptance inspection. If you did, then the builder must fix the items that he is responsible for. If a punchlist was not completed, you need to do this right away. Even if you missed a few things that may appear later (that the builder is responsible for within the warranty period), you are still within your rights to have the builder do the corrective work.

Consult a real estate lawyer experienced in “construction defect” cases to get the specific rules for your state and contract.

Case Studies: Understanding Builder’s Warranty and Repairs – Protecting Your New Home Investment

Case Study 1: Builder’s Warranty Coverage

In this case, a homeowner who recently closed on a newly built home is concerned about the duration of the builder’s warranty and the extent of repairs the builder is responsible for. The homeowner discovers that the builder’s warranty coverage is typically outlined in the construction contract and may vary depending on state laws and regulations.

By consulting the State office of the Attorney General or the Contractors License Board, the homeowner can gather information on any mandatory warranties required by law and additional warranties provided by manufacturers for building materials used in the construction of the home.

Case Study 2: Warranty Enforcement

The homeowner realizes that even if the construction contract does not explicitly state a warranty period, there may still be warranties implied by State and common law. To ensure the builder’s compliance with warranty obligations, the homeowner completes a punchlist during the final walk-through and acceptance inspection.

By documenting any necessary repairs or defects, the homeowner can hold the builder accountable for addressing these issues within the warranty period. If the punchlist was not completed, the homeowner is advised to do so promptly to ensure the builder’s responsibility for future repairs covered under the warranty.

Case Study 3: Legal Assistance

To fully understand the rights and obligations related to the builder’s warranty and repairs, the homeowner seeks the guidance of a real estate lawyer experienced in construction defect cases. The lawyer can provide specific advice based on the homeowner’s state and contract, explaining the applicable rules and regulations that govern warranty enforcement.

With the lawyer’s assistance, the homeowner can navigate any disputes or challenges that may arise during the warranty period and ensure that the builder fulfills their obligations to repair any defects or issues covered by the warranty.

Case Studies: Navigating Builder’s Warranty and Repairs – Protecting Your New Home Investment

Case Study 1: Understanding Manufacturer Warranties

In this case, a homeowner who recently closed on a newly built home is curious about the duration of the builder’s warranty and the extent of repairs the builder is responsible for. Through research, the homeowner discovers that along with the builder’s warranty, there are various manufacturer warranties for specific components of the home, such as appliances, roofing, siding, and windows.

By obtaining all the warranty documents from the builder and understanding the coverage provided by each manufacturer, the homeowner can ensure that any defects or issues with these components are addressed within the specified warranty period.

Case Study 2: State-Mandated Warranty Requirements

The homeowner also learns that state laws and regulations may require certain warranties to be provided by the builder. By contacting the State office of the Attorney General or the Contractors License Board, the homeowner can gather information on any mandatory warranties that the builder must provide.

This knowledge empowers the homeowner to assert their rights and hold the builder accountable for necessary repairs covered by these state-mandated warranties.

Case Study 3: Legal Protection and Guidance

Recognizing the complexity of builder’s warranties and the potential for disputes, the homeowner seeks legal assistance from a real estate lawyer experienced in construction defect cases. The lawyer can review the construction contract, evaluate the warranties provided, and provide advice on the homeowner’s rights and obligations.

If issues arise during the warranty period, the lawyer can guide the homeowner in enforcing the warranties and pursuing any necessary legal actions to ensure that the builder fulfills their responsibilities for repairs and defects covered by the warranties.