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 Harris Texas Home Builder's Warranty Agreement is a comprehensive document designed to protect homeowners from any structural or mechanical defects in their newly-built homes. This agreement is typically provided by reputable home builders in Harris County, Texas, ensuring that homeowners have peace of mind and are safeguarded against any potential issues that may arise during the first few years of homeownership. The Harris Texas Home Builder's Warranty Agreement covers a wide range of components and systems within the home, including but not limited to the foundation, plumbing, electrical, HVAC, roofing, and structural elements. It aims to provide homeowners with the assurance that their investment is protected and that any defects or malfunctions will be rectified by the builder. There are different types of Harris Texas Home Builder's Warranty Agreements that homeowners can explore. These can vary in terms of duration and coverage, offering different levels of protection. Some common types include: 1. One-Year Workmanship Warranty: This warranty typically covers any defects related to the workmanship or construction quality of the home for a period of one year after the closing date. 2. Two-Year Systems Warranty: This warranty generally covers defects in plumbing, electrical, heating, cooling, and other mechanical systems for a period of two years from the closing date. It ensures that these systems operate efficiently and reliably during the initial years of homeownership. 3. Ten-Year Structural Warranty: This comprehensive warranty provides coverage for any structural defects in the home, including issues related to the foundation, load-bearing walls, and roof structure, for a period of ten years from the closing date. It safeguards homeowners against costly repairs or replacements arising from structural problems. It is important for homeowners to carefully review the specific terms and conditions of their Harris Texas Home Builder's Warranty Agreement. Different builders may offer variations in coverage, exclusions, and claim processes. It is advisable for homeowners to seek legal counsel if they have any concerns or questions regarding the warranty agreement to ensure they fully understand their rights and obligations.
