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.
A San Jose California Home Builder's Warranty Agreement is a legally binding document that outlines the terms and conditions of the warranty provided by a home builder to the buyer of a newly constructed home in San Jose, California. This warranty ensures that the builder is responsible for repairing or replacing any defects in materials or workmanship that may arise during a specified period after the purchase of the home. The agreement typically covers various aspects of the home, including structural elements, electrical systems, plumbing, heating and cooling systems, and appliances. It provides assurance to the homeowner that the builder will rectify any issues that may occur within the agreed-upon warranty period, usually ranging from one to ten years, depending on the type of warranty. Different types of San Jose California Home Builder's Warranty Agreements may include: 1. Structural Warranty: This warranty offers coverage for any potential defects in the home's foundation, walls, roof, and other load-bearing elements. It typically lasts for 10 years, ensuring the homeowner's peace of mind about the long-term stability of their home. 2. Systems and Appliances Warranty: This type of warranty focuses on the major systems and appliances installed in the home. It covers issues related to heating, cooling, plumbing, electrical, and major appliances such as ovens, dishwashers, and water heaters. The duration of coverage is commonly two to five years, safeguarding homeowners against unexpected repair costs. 3. Workmanship Warranty: This warranty pertains to the quality of craftsmanship and covers any defects resulting from improper installation or construction practices. It usually lasts for one to two years, ensuring that any cosmetic or functional issues arising from poor workmanship are resolved by the builder. 4. Roofing Warranty: Since roofs are prone to wear and tear, this specific warranty focuses on guaranteeing the quality and longevity of the roof system. It may include coverage for leaks, defective shingles, and overall installation issues. The duration of coverage can range from 10 to 30 years, depending on the materials used and the terms of the agreement. 5. Extended Warranty: Some builders offer the option for homeowners to purchase an extended warranty for further coverage beyond the initial warranty period. This can provide additional protection for specific components or systems, providing homeowners with extended peace of mind. It is essential for homeowners to thoroughly review and understand the terms of the San Jose California Home Builder's Warranty Agreement prior to purchasing a newly constructed home. This helps ensure that they are aware of their rights and the builder's obligations regarding repairs or replacements during the designated warranty period.
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.
