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.
Houston Texas Home Builder's Warranty Agreement is a legal document that outlines the terms and conditions between a home builder and a homeowner regarding the warranty services provided for the newly constructed home. This agreement ensures that the builder will rectify any defects or issues that arise during the specified warranty period. The Houston Texas Home Builder's Warranty Agreement typically covers a wide range of components and systems within the home, including but not limited to structural defects, plumbing, electrical, HVAC, and appliances. It provides peace of mind to homeowners that their investment is protected against unforeseen problems that may arise due to construction issues. There are different types of Houston Texas Home Builder's Warranty Agreements, each tailored to meet specific needs and requirements. Some of these variations include: 1. Structural Warranty: This type of warranty focuses on the structural integrity of the home, including the foundation, load-bearing walls, and roof. It ensures that any deficiencies in the construction of these components are addressed by the builder. 2. Systems Warranty: This warranty covers the major systems within the home, such as plumbing, electrical, heating, ventilation, and air conditioning (HVAC). It guarantees that these systems are functioning properly and will be repaired or replaced if necessary. 3. Appliance Warranty: This type of warranty specifically covers household appliances provided by the builder, such as refrigerators, ovens, dishwashers, and washing machines. It ensures that these appliances are in good working condition and will be repaired or replaced within a certain period if they malfunction. 4. Workmanship Warranty: This warranty focuses on the quality of the construction and craftsmanship provided by the builder. It covers defects that may arise due to poor workmanship, such as uneven flooring, cracks in walls, or faulty paintwork. The builder is responsible for rectifying these issues within the agreed-upon warranty period. The Houston Texas Home Builder's Warranty Agreement is a crucial document in protecting homeowners' investments and ensuring that any construction-related issues are promptly addressed. It is essential for both builders and homeowners to carefully review and understand the terms and conditions outlined in the agreement to avoid any disputes or misunderstandings in the future.
