California Home Builder's Warranty Agreement

State:
Multi-State
Control #:
US-02251BG
Format:
Word; 
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Description

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:



  1. Name and contact details of the contractor and the buyer;

  2. Newly-constructed house description;

  3. List of items that are under builder’s guarantees (can be expanded);

  4. List of items the builder doesn’t take responsibility for (can be changed);

  5. Name of the state that will govern the agreement.

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FAQ

All home builders, be they developers, builders, or contractors depending on the scale of the build, are required to offer a one year warranty either in writing or as an implied promise under CA civil code 900.

In the UK, a builder is typically liable for their work as long as their contracts dictate, and that tends to be 1-2 years as is the standard limitation period in most contracts. Outside of typical contracts in a broader sense, the legal limit would typically be 6 years, in line with the Limitation Act, 1980.

Warranties are traditionally enforceable for twelve years following practical completion of the works. There is a good practical reason for this. Industry experience indicates that most defects will be revealed during the first two years, with the remainder emerging during the next eight years5.

Do you need a builder's warranty if you are buying a new build property? Yes. It's a common misconception that homeowners buying a new build will not need a builder's warranty. In fact, many new builds can encounter issues within the first ten years.

Although each provider is different, warranties generally cover major structural elements such as foundations, roofs, ceilings, load bearing walls and stairs and glazing in outside walls. Warranties don't cover general wear and tear, superficial damage or damage caused by storms or other adverse weather.

CA Civil Code §900 mandates the builder to provide a one-year express written limited warranty, covering the fit and finish building components.

Your new home comes with a 10 year structural warranty, meaning that the cost of fixing any damage caused by faults in specified parts of the home, usually the structural and weatherproofing elements is covered.

Each individual state warranty is crafted to meet that state's statutes regarding new home warranties. In California, the statute is 10 years so our California Customized State Warranty includes a 10-year term for structural coverage.

Ten years is the standard period for most warranty policies, with the first two years being defects warranty and the remaining term being structural cover. Although backed by the warranty, builders are initially responsible for putting right defects affecting new homes.

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California Home Builder's Warranty Agreement