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.
Massachusetts Home Builder's Warranty Agreement is a legally binding contract that ensures protection for homeowners against defects or poor workmanship in newly constructed or substantially renovated homes. This agreement is designed to give homeowners peace of mind by guaranteeing that the builder will address any necessary repairs or replacements within a specified time frame. Keywords: Massachusetts, home builder's warranty agreement, protection, defects, poor workmanship, newly constructed homes, substantially renovated homes, peace of mind, repairs, replacements, time frame. There are different types of Massachusetts Home Builder's Warranty Agreements, which include: 1. Structural Warranty: This type of warranty focuses on the structural integrity of the home. It covers major issues such as foundation problems, framing issues, and load-bearing walls. 2. Systems Warranty: This warranty covers the crucial systems installed in a home, such as electrical, plumbing, and HVAC systems. It ensures that these systems function properly and guarantees repairs or replacements if defects arise. 3. Workmanship Warranty: This warranty addresses defects related to the quality of workmanship. It includes issues like improperly installed fixtures, shoddy painting, or subpar craftsmanship. The builder is responsible for fixing these problems within the agreed-upon time frame. 4. Manufacturer's Warranty: This warranty is provided by the manufacturers of various products used in the construction of the home. It covers appliances, roofing materials, windows, and other components. If any of these products fail within the specified warranty period, the manufacturer is responsible for repair or replacement. 5. First-Year Warranty: This warranty covers any defects or issues reported by the homeowner within the first year of occupancy. The builder is required to fix these problems promptly. 6. Extended Warranty: Some builders offer an extended warranty, which goes beyond the standard warranty period. This provides additional coverage for certain components or systems, typically at an additional cost. In all types of Massachusetts Home Builder's Warranty Agreements, it is crucial for homeowners to thoroughly read and understand the terms and conditions. It is recommended to consult a legal professional to ensure their rights and interests are properly protected.
