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.
Middlesex Massachusetts Home Builder's Warranty Agreement is a contract that outlines the terms and conditions of the warranty provided by a home builder to the homeowner. This agreement offers protection and assurance to homeowners regarding the quality and durability of their newly constructed homes. The Middlesex Massachusetts Home Builder's Warranty Agreement typically includes provisions that cover various aspects of the home, such as structural defects, workmanship, and materials used during the construction process. It establishes the responsibilities of the home builder for repair or replacement of covered items within a specific timeframe. There are different types of Middlesex Massachusetts Home Builder's Warranty Agreements that homeowners can choose from based on their specific needs and preferences. These may include: 1. Structural Warranty Agreement: This type of warranty focuses on the structural integrity of the home, covering defects or damage that may occur to the foundation, load-bearing walls, roof, or other essential structural elements. 2. Systems and Appliances Warranty Agreement: This agreement provides coverage for the major systems and appliances in the home, such as electrical, plumbing, HVAC (heating, ventilation, and air conditioning), and kitchen appliances. It ensures that these components are in proper working condition and will be repaired or replaced if necessary. 3. Workmanship and Material Warranty Agreement: This type of warranty covers any defects or faults in the craftsmanship or materials used during the construction process, including issues with finishes, flooring, painting, cabinets, and other aesthetic aspects of the home. 4. Extended Warranty Agreement: Some home builders may offer an extended warranty option, which provides additional coverage beyond the standard warranty period. This can include prolonged coverage for certain components or systems, giving homeowners extra peace of mind. It is crucial for homeowners to carefully review and understand the specific terms, limitations, and exclusions mentioned in the Middlesex Massachusetts Home Builder's Warranty Agreement before signing it. This agreement serves as a legal protection for both parties involved, ensuring that the builder meets their obligations and the homeowner receives satisfactory resolution for any covered issues that may arise.
