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.
A San Antonio Texas Home Builder's Warranty Agreement is a comprehensive and legally binding agreement between a home builder and a homeowner. This agreement outlines the warranty terms and conditions regarding the construction and quality of a newly built home in San Antonio, Texas. The purpose of the San Antonio Texas Home Builder's Warranty Agreement is to protect the homeowner's rights and ensure that the builder is held responsible for any defects or issues that arise within a specified period after the completion of the home. This agreement provides peace of mind to homeowners, as it guarantees that the builder will rectify any construction-related problems that may occur. The following are some relevant keywords related to San Antonio Texas Home Builder's Warranty Agreement: 1. New home warranty: This refers to the warranty provided by the builder for a newly constructed home. It covers various aspects such as structural defects, plumbing, electrical systems, and workmanship. 2. Defects: Refers to any flaws or issues in the construction of the home, which may arise due to poor workmanship or substandard materials used. 3. Limited warranty: Some San Antonio Texas Home Builder's Warranty Agreements may have limitations on the duration or coverage of the warranty. It is important for homeowners to understand the extent of the warranty protection provided. 4. Inspection: The agreement may specify the process and frequency of inspections to identify and rectify any defects during the warranty period. 5. Warranty claims process: Describes the procedures for homeowners to follow when filing warranty claims, including documenting defects, notifying the builder, and seeking resolution. 6. Exclusions: The agreement may highlight specific circumstances or elements that are not covered by the warranty, such as natural disasters or homeowner modifications. 7. Transferability: Some warranties allow homeowners to transfer the coverage to subsequent buyers, increasing the home's resale value. 8. Extension options: In some cases, homeowners may have the option to extend the warranty coverage beyond the initial period for an additional fee. Types of San Antonio Texas Home Builder's Warranty Agreements: 1. Structural warranty: Specifically focuses on the integrity and stability of the home's structure, including its foundation, walls, roof, and load-bearing elements. 2. Systems warranty: Concentrates on the functionality and performance of various systems within the house, such as plumbing, electrical, heating, ventilation, and air conditioning (HVAC). 3. Workmanship warranty: Covers any issues arising from poor craftsmanship, faulty installations, or construction mistakes. 4. Material warranty: Addresses defects or failures related to the quality of the materials used in the construction of the home. By understanding the San Antonio Texas Home Builder's Warranty Agreement, homeowners can ensure they are protected from potential construction issues and have a clear understanding of their rights and responsibilities during the warranty period.
