What is a Home Builder’s Warranty Agreement?
When a new construction home is completed by a home builder, the client should be confident that the manufacturer or seller they’ve hired will provide high-quality products and perform high-quality work. In the construction industry, client confidence becomes even more critical as the high standards expected of contractors directly impact safety. In such situations, warranty contracts come in handy.
A construction warranty is a legal document in which the contractor provides a covenant that guarantees to the client (homeowner) that they will perform all works following building codes and standards and project specifications without flaws or defects. Breaching such an agreement results in monetary recovery of related damages and costs for material replacement or reparation works to be carried out at the contractor's expense.
The Magnuson-Moss Warranty Act, a US federal law enacted in 1975, regulates warranty contracts. It states that while not all products and services require written guarantees, if parties conclude one, then such an agreement must comply with the Act. This law aims to prevent manufacturers from misleading clients with inappropriate and unfairly made disclaimers on the guarantees.
Types of warranties
There are two general types of contractor warranty agreements:
- Express warranty is a written or verbal guarantee from the seller that the purchased product is of a certain quality and that the seller can replace or repair it if there are any defects.
- Implied warranty is a guarantee that the purchased product operates as it should.
Builders’ warranties operate under another classification because of industry specifics:
- Time-based warranty is the contractor’s promise to provide a particular thing in a defined condition at a specified time (for example, to guarantee the construction is waterproof for a certain number of years).
- General warranty is a guarantee to perform defined works according to the project blueprints and specifications without a time reference.
Preparing a new Home builder warranty To complete your paperwork correctly, use a verified home builder’s timely-based guarantee agreement from the US Legal Forms library. This multi-state editable and printable legal template requires you to fill out the following information:
- Name and contact details of the contractor and the buyer;
- Newly-constructed house description;
- List of items that are under builder’s guarantees (can be expanded);
- List of items the builder doesn’t take responsibility for (can be changed);
- Name of the state that will govern the agreement.
Alameda California Home Builder's Warranty Agreement is a legal contract between a home builder and a homeowner, outlining the terms and conditions for the warranty coverage provided for a newly constructed residential property in Alameda, California. This warranty agreement aims to protect the homeowner from any defects or issues that may arise in the construction of their new home. It typically offers protection against structural defects, mechanical failures, plumbing and electrical issues, and other construction-related problems. Keywords: Alameda California, home builder's warranty agreement, legal contract, residential property, warranty coverage, defects, construction, homeowner, structural defects, mechanical failures, plumbing issues, electrical issues. In Alameda California, there may be different types of Home Builder's Warranty Agreements, categorized based on the coverage and duration they provide. Some common variations include: 1. Structural Warranty: This type of warranty focuses on the structural integrity of the home, covering issues related to the foundation, load-bearing walls, roof support, and other major structural components. It ensures that the home will meet local building codes and industry standards. 2. Systems Warranty: This warranty specifically covers the major systems of the home, such as electrical, plumbing, and HVAC (heating, ventilation, and air conditioning). It ensures that these systems are installed correctly and function properly. 3. Workmanship Warranty: This type of warranty addresses craftsmanship and work quality issues. It covers defects that occur as a result of poor workmanship or improper installation, such as faulty flooring, cracked tiles, or uneven surfaces. 4. Manufacturer's Warranty: In addition to the builder's warranty, there may also be separate warranties provided by the manufacturers of various appliances, fixtures, and materials used in the construction of the home. These warranties cover defects specific to those products. 5. Limited Warranty: Some home builders may offer a limited warranty that provides coverage for a specific period, usually ranging from one to ten years. This type of warranty sets specific time limits for different aspects of coverage, ensuring that the homeowner understands the duration of the protection provided. It is important for homeowners in Alameda, California to carefully review and understand the terms and conditions of the Home Builder's Warranty Agreement before signing. Additionally, they should note any differences or additional coverage offered by specific builders, and consult with legal professionals or experts if needed, to ensure their rights and interests are fully protected.
Para su conveniencia, debajo del texto en español le brindamos la versión completa de este formulario en inglés. For your convenience, the complete English version of this form is attached below the Spanish version.
