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As far as any warranty you're SOL- period.
Only thing that goes into 9+yrs is structural.
Sorry but this is just plain wrong in many states. An express warranty depends on the amnt of time that is written into the contract. Imlied warranties cna run anywhere from 1 to 10 years. The obligatio to correct defects is often statutory rather than based on some express or implied warranty. In some States, the builder cannot even force you to agree t a shorter time period.
For defect liability 10 years is becoming common. It is not always a warranty, but the builder remains laible for defects. It really makes no difference whether you call it a warranty, or simply being liable for defects. There can be a difference in the damages you can recover, but the states that have a 10 year defect law, generally protect the homeowners fairly well.
Sorry but this is just plain wrong in many states. An express warranty depends on the amnt of time that is written into the contract. Imlied warranties cna run anywhere from 1 to 10 years. The obligatio to correct defects is often statutory rather than based on some express or implied warranty. In some States, the builder cannot even force you to agree t a shorter time period.
For defect liability 10 years is becoming common. It is not always a warranty, but the builder remains laible for defects. It really makes no difference whether you call it a warranty, or simply being liable for defects. There can be a difference in the damages you can recover, but the states that have a 10 year defect law, generally protect the homeowners fairly well.
Legal jargon aside- implied, expressed, or liable, it doesn't really matter case-in-point.
Here's is an excerpt from my own contract (based on the GAR[Georgia Association of Realtors] contract) it says pretty much the same things as the other 49 states, from a builder's perspective-
New Home Warranty Coverage and Claim Filing
Almost everything within the new home itself is covered for the first year, including defective systems, workmanship, materials, appliances, fixtures, and equipment. The mechanical (heating and air conditioning), electrical, and plumbing systems are covered for two years. Major structural defects are covered for ten years. Exclusions include such items as outbuildings, swimming pools, driveways, walkways, unattached patios, fences and landscaping.
First Year- Most items are covered for defects in workmanship or materials during the first year, including grading to provide drainage away from the foundation, concrete, masonry, stucco and cement plaster, carpentry, finish carpentry, waterproofing, insulation, louvers and vents, exterior siding, roofing, doors and windows, finishes, flooring, carpeting, painting, wall covering, fireplaces, cabinets, fixtures and appliances.
Second Year; For a period of two years from the warranty date, the warranty covers against mechanical and electrical system defects and major structural defects. This includes the supply lines and fittings for gas and water as well as the waste and vent pipes and their fittings including septic tanks and drain lines of the plumbing system. It also includes all wiring, boxes and connections related to the electrical system and the ductwork, steam, water and refrigerant lines, registers, convectors, radiation elements and dampers of the heating and cooling systems.
Third through Tenth Year- The warranty covers major structural defects for ten years. Major structural defects include any actual damage to a load-bearing portion of the home include roof rafters and trusses, ceiling and floor joists, bearing partitions, supporting beams, columns, basement and foundation walls and footings.
The liability of a builder under a warranty is limited by law to the purchase price of the home in the first good faith sale or the fair market value of the home on its completion date if there is no good faith sale. (A "good faith sale" is the same as an "arms length" transaction. It means that there was no "inside deal" and the sales price reflects the actual market value at the time of the sale.)
Site-work, except in the immediate area of the foundation, is not covered by the limited ten year builders' warranty - homeowners must contact municipal government offices for assistance and information.
Common Exclusions-
Defects in any item that was not part of the original home as constructed.
Any defect caused by or worsened by negligence, improper maintenance, lack of maintenance, improper action or inaction, or willful or malicious acts by any party other than the original builder, its employees, agents, or trade contractors.
Normal wear and tear of the home or consumer products in the home.
Loss or damage caused by acts of God, including but not limited to fire, explosion, smoke, water escape, changes that are not reasonably foreseeable in the level of underground water table, glass breakage, windstorm, hail, lightning, falling trees, aircraft, vehicles, flood and earthquakes.
Any defects or damage caused by changes in the grading or drainage patterns or by excessive watering of the ground of the Owner’s property or adjacent property.
Any loss or damage that arises while the home is being used primarily for nonresidential purposes.
Any damage to the extent it is caused or made worse by the failure of anyone other than the original builder or its employees, agents, or trade contractors to comply with the requirements of this warranty or the requirements of warranties of manufacturers of appliances, equipment, or fixtures.
Any defect or damage that is covered by a manufacturer’s warranty that has been assigned to Owner.
Failure of Owner to take timely action to minimize loss or damage or failure of Owner to give timely notice of the defect.
Insect or animal damage.
Plants, trees, shrubbery or any other plant life used in landscaping have a 30-day limited warranty.
Legal jargon aside- implied, expressed, or liable, it doesn't really matter case-in-point.
Here's is an excerpt from my own contract (based on the GAR[Georgia Association of Realtors] contract) it says pretty much the same things as the other 49 states, from a builder's perspective-
New Home Warranty Coverage and Claim Filing
Almost everything within the new home itself is covered for the first year, including defective systems, workmanship, materials, appliances, fixtures, and equipment. The mechanical (heating and air conditioning), electrical, and plumbing systems are covered for two years. Major structural defects are covered for ten years. Exclusions include such items as outbuildings, swimming pools, driveways, walkways, unattached patios, fences and landscaping.
First Year- Most items are covered for defects in workmanship or materials during the first year, including grading to provide drainage away from the foundation, concrete, masonry, stucco and cement plaster, carpentry, finish carpentry, waterproofing, insulation, louvers and vents, exterior siding, roofing, doors and windows, finishes, flooring, carpeting, painting, wall covering, fireplaces, cabinets, fixtures and appliances.
Second Year; For a period of two years from the warranty date, the warranty covers against mechanical and electrical system defects and major structural defects. This includes the supply lines and fittings for gas and water as well as the waste and vent pipes and their fittings including septic tanks and drain lines of the plumbing system. It also includes all wiring, boxes and connections related to the electrical system and the ductwork, steam, water and refrigerant lines, registers, convectors, radiation elements and dampers of the heating and cooling systems.
Third through Tenth Year- The warranty covers major structural defects for ten years. Major structural defects include any actual damage to a load-bearing portion of the home include roof rafters and trusses, ceiling and floor joists, bearing partitions, supporting beams, columns, basement and foundation walls and footings.
The liability of a builder under a warranty is limited by law to the purchase price of the home in the first good faith sale or the fair market value of the home on its completion date if there is no good faith sale. (A "good faith sale" is the same as an "arms length" transaction. It means that there was no "inside deal" and the sales price reflects the actual market value at the time of the sale.)
Site-work, except in the immediate area of the foundation, is not covered by the limited ten year builders' warranty - homeowners must contact municipal government offices for assistance and information.
Common Exclusions-
Defects in any item that was not part of the original home as constructed.
Any defect caused by or worsened by negligence, improper maintenance, lack of maintenance, improper action or inaction, or willful or malicious acts by any party other than the original builder, its employees, agents, or trade contractors.
Normal wear and tear of the home or consumer products in the home.
Loss or damage caused by acts of God, including but not limited to fire, explosion, smoke, water escape, changes that are not reasonably foreseeable in the level of underground water table, glass breakage, windstorm, hail, lightning, falling trees, aircraft, vehicles, flood and earthquakes.
Any defects or damage caused by changes in the grading or drainage patterns or by excessive watering of the ground of the Owner’s property or adjacent property.
Any loss or damage that arises while the home is being used primarily for nonresidential purposes.
Any damage to the extent it is caused or made worse by the failure of anyone other than the original builder or its employees, agents, or trade contractors to comply with the requirements of this warranty or the requirements of warranties of manufacturers of appliances, equipment, or fixtures.
Any defect or damage that is covered by a manufacturer’s warranty that has been assigned to Owner.
Failure of Owner to take timely action to minimize loss or damage or failure of Owner to give timely notice of the defect.
Insect or animal damage.
Plants, trees, shrubbery or any other plant life used in landscaping have a 30-day limited warranty.
However if you were to use that contract in say, California, the contract language is irrelevant. You are bound by the statute. You are liable for defects for ten years from the date of sale. You cannot restrict or limit that liability by contract. (I would have to check to make certian tha tthe statute applies to the construction of a single home. Single home construction is pretty rare out there. They are mostly building tracts of hundred or even thousand of homes.)
In Michigan on the other hand, your contract would likely be enforced. However there may be ways around it.
Each State has their own laws. So for the OP, it depends onw here they live and when their house was purchased.
If you can get a builder the fix a home, even when new, you are a miracle worker...! In most cases, they will fight you tooth and nail to keep from fixing teheir f-up's..! A nine year old home on the 3rd owner has absolutely no chance at all.
There is a 10 year warrantee in California, but you will find yourself in a long court battle to make that happen.
I spent many years in a long, drawn out court battle involved in a class action suit due to defective construction. Some homeowners gave up and dumped their homes for a song because the long process.
If you can get (or even find the still same corporate entity) builder the fix a home, even when new, you are a miracle worker...! In most cases, they will fight you tooth and nail to keep from fixing their (who knows which of three or four no longer even around subs who actually did the problematic work) f-up's..!
If you can get a builder the fix a home, even when new, you are a miracle worker...! In most cases, they will fight you tooth and nail to keep from fixing teheir f-up's..! A nine year old home on the 3rd owner has absolutely no chance at all.
There is a 10 year warrantee in California, but you will find yourself in a long court battle to make that happen.
I spent many years in a long, drawn out court battle involved in a class action suit due to defective construction. Some homeowners gave up and dumped their homes for a song because the long process.
Depends on the builder. Some builders have figured out that it is cheaper to just do repairs than to have homeowners get mad, get together and go to lawyers who will often trump up additional defects in order to get the damage amounts up and then draw the company into years of litigation.
Developers used to not care becuase they could just dump the cost of defense on their subcontractors. However now, insurance is hard to get. lots of companies disappear and policies get exhausted. Then it starts coming out of the builder's pocket.
Big builders are learning and may of them are becoming proactive about resolving true defects. Small builders go out of business when they get sued beyone their insurance coverage, so they do not get to learn.
As everyone knows- you can sue anybody for anything. That's nothing new. However, you seem to have forgotten that more than (I'm guessing) 90% of all builders-public or private have a clause in their contract (as do I) that states any dispute will be resolved by arbitration.
So, if you signed the contract that IS your course of remediation- not a civil court.
As everyone knows- you can sue anybody for anything. That's nothing new. However, you seem to have forgotten that more than (I'm guessing) 90% of all builders-public or private have a clause in their contract (as do I) that states any dispute will be resolved by arbitration.
So, if you signed the contract that IS your course of remediation- not a civil court.
It starts with arbitration, and when that fails, you then go to court..
It will only be resolved in arbitration if the builder is cooperative.. That would be extremely rare...
We were told by our high dollar, big name builder...
"We have millions of dollars and a room full of lawyers, how long would you like this court battle to go on??"
Our suit lasted 12 years...! They tried to wear us down, and in some cases it worked out for them. A number of people bailed out before the suit was finished.
In an ideal world, the builder would be an upstanding company that goes out of it's way to please the customer. If you ever find that company, let us all know..
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