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.
The San Bernardino California Home Builder's Warranty Agreement is a comprehensive contract designed to protect homeowners from defects and ensure quality construction for newly built homes in the San Bernardino area. This warranty is commonly offered by reputable home builders operating in this region to provide peace of mind to homeowners. The agreement covers a wide range of systems and components within the home, safeguarding against potential issues that may arise during the specified warranty period. It typically includes coverage for structural defects, electrical and plumbing systems, heating and cooling equipment, appliances, roofing, and other essential elements of the home. By entering into a Home Builder's Warranty Agreement, homeowners are provided with legal assurances that any defects or deficiencies discovered within the specified timeframe will be addressed and rectified by the builder. This agreement acts as a guarantee of the builder's commitment to quality craftsmanship and customer satisfaction. While the specifics may vary from one builder to another, San Bernardino California Home Builder's Warranty Agreements typically come in different types to cater to varying needs and preferences: 1. Structural Warranty: This is a commonly included component of the agreement and ensures that major structural components, such as the foundation, load-bearing walls, and roof framing, are defect-free and will be repaired or replaced if necessary. 2. Systems and Appliances Warranty: This type of coverage ensures that all the electrical, plumbing, heating, cooling, and other essential systems in the home are in good working order. It may also encompass major appliances like refrigerators, ovens, and dishwashers. 3. Workmanship Warranty: This warranty addresses any defects or issues resulting from poor construction practices or faulty workmanship. It typically covers a range of cosmetic and functional concerns that may arise during the construction process. 4. Extended Warranty: Some builders may offer the option to extend the standard warranty coverage beyond the usual timeframe, providing homeowners with an added layer of protection and peace of mind for additional years. San Bernardino California Home Builder's Warranty Agreements are essential in safeguarding homeowner investments and promoting a durable and quality housing market. It is important to carefully review and understand the terms and conditions of the agreement before signing, ensuring that you are confident in the level of coverage and protection it provides for your new home.
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.
