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.
Miami-Dade Florida Home Builder's Warranty Agreement is a legal document that outlines the terms and conditions of a warranty provided by home builders in Miami-Dade County, Florida. This agreement aims to protect homeowners from any structural defects or issues that may arise after the construction of a new home. Home builders are required to offer this warranty to adhere to local building codes and regulations, ensuring the quality and safety of residential properties. The Miami-Dade Florida Home Builder's Warranty Agreement typically covers various aspects of the home, including its structural integrity, plumbing systems, electrical systems, and HVAC (heating, ventilation, and air conditioning) systems. It outlines the duration of the warranty, which may vary depending on the type of warranty agreement. There are generally two types of Miami-Dade Florida Home Builder's Warranty Agreements: 1. Structural Warranty Agreement: This type of warranty focuses on the structural components of the home, such as the foundation, walls, roof, and load-bearing structures. It ensures that these elements meet the required standards set by the county. This warranty generally lasts for ten years, providing homeowners with peace of mind regarding the overall stability and safety of their property. 2. Systems Warranty Agreement: This agreement specifically covers the major systems within the home, including plumbing, electrical, and HVAC systems. It ensures that these systems are installed and functioning correctly, offering homeowners protection against defects or malfunctions. The duration of this warranty is typically shorter, ranging from one to two years. It's important to note that the Miami-Dade Florida Home Builder's Warranty Agreement may have additional provisions, such as limitations or exclusions to the warranty coverage. For instance, it may exclude damages caused by homeowner negligence or natural disasters. Homeowners should carefully review and understand the terms of the agreement before signing it to ensure they are adequately protected. In summary, the Miami-Dade Florida Home Builder's Warranty Agreement is a comprehensive contractual document that provides homeowners in Miami-Dade County with assurance regarding the quality, structure, and functionality of their newly built homes. By offering different types of warranties, it ensures that both structural and systems-related concerns are addressed, allowing homeowners to enjoy their properties with confidence.
