What warranty is given for new homes?

[Alex_angel]

When you buy a new home what sort of warranty is given for things like leaks, faulty wiring etc…

If I were to move into a new home and a week later flush the toilet to see a major leak and ruin the carpets, would the builder be to blame or is it all on me once I sign the papers and move in?

Same thing if there were cracks in the foundation, or wiring that didn’t work etc…

[MANmom]

MANmom

When we bought new 10 years ago, the standard warranty was 1 year. We had a melamine cabinet (white) that melted because it was too close to the oven, it was replaced. You do have a walk through, which I suggest you flush all toilets, test all appliances, and check for leaks under sinks. Also check gas connections to heaters, we actually went two years in a new house we had where there were two heating units, and the one upstairs was never connected to the gas! Also, after a good rain, climb up into your attic and check for leaks there.

[Alex_angel]

Does each builder have its own set of rules? We typically go months between rain, what if 6 months later it does rain and there is a leak, would the builder be responsible?

[nccoastalseller]

The 6mo-1yr home warranty does appeal to lots of buyers but having bought a new home and taken advantage of the warranty fixes I would give it a 500$ value.

If something major is wrong with your home it should be noticed in an independent comprehensive inspection (highly recommended even on new building) . The builders tend to fight you on anything that would require major money to fix.

I would much rather but a 10 year old house that has had time to settle show how well it has held up.

[Alex_angel]

What I have noticed lately is that builders raze an area and plant soft dirt and weeks later there is a foundtaion poured and then frames go up. I know that they hope that over time that dirt base will settle but I am very skeptical to how a lot of these new homes will be in a few years. I can see a lot of people complaining about cracks etc…

The last year or so new homes have gone up in record speed and I truly believe that nothing good will follow from this.

[El Jefe]

Whatever the builders will tell you, the law in California has the builders on the hook for 10 years. 10 yrs from when the COO is issued is the statute of limitations on construction defects, on top of any warranty the builder offers. It’s not going to likely help you with niggling little things if the house is out of the builders “warranty period”, but will definitely help you in a situation where there are major issues with a house.

It reminds me of a case many years back where a builder had to buy back an entire phase because the concrete sub didn’t use enough steel in the foundations.

So basically… minor issues that would not fall into the defect category will not be covered, but things like leaky roofs, cracked slabs, compacting soil etc will usually be taken care of for a full 10 years because the builder knows that you can sue and will most likely win.

[Chance the Gardener]

I’m not a lawyer and this is not legal advice.

Review your sales contract. Most builders include language that waves the “implied warranty of habitability” in lieu of an express warranty. Absent a waiver clause, a court will find that a builder impliedly warrants that a building is free from defective materials and is constructed in a sound and workmanlike manner.

It may be that a court would find a waiver clause unconscionable and thus void. In looking at the clause, the court would likely consider whether the waiver was adequately conspicuous in the contract, whether the buyer was allowed sufficient time to review the contract and the opportunity to consult an attorney, whether the builder would have allowed the clause to be stricken rather than loose the buyer, whether the express warranty offered in the clause was substantially comparable or exceeded the implied warranty, whether the builder charged for the express warranty, and finally whether that charge was excessive.

If your problems are serious you should consult an attorney and have him review your contract in light of the implied warranty of habitability and recent California statutes and judicial decisions.

[Bugs]

The engineering for most residential subdivision sites includes grading anywhere from 2 feet deep to however deep they have to go to get to stabilized soils. The subdivision project site I just appraised had an extensive geological report finished that indicated grading would go from 3-12 feet in different areas of the site, and then filled and compacted to provide a suitable base upon which to pour those slab foundations.

There are other ways to build foundations, for example a lot of the hillside homes use reinforced concrete columns or pilasters, sunk into the hillside till they reach granite or bedrock to provide that foundation.

Improper site preparation is a major concern for builders and they generally give it a lot of attention, long before a bulldozer rolls onsite.

Incidentally, if you’re buying a new home and you want any little problems to be cleared up before they become big problems, spend the $300 to have a home inspector come in and perform a technical inspection. Have them look specifically for construction defects and hold that builder to the current building codes. Do it before you take possession of the home.

It might even be a good idea to have them come in about a week prior to closing so the builder isn’t pressured for time to clear these details up. If there are a lot of them, have the builder address them and let them know up front that the inspector is coming come back to verify their completion and the builder would be on the hook for any return visits. Negotiate this two-stage inspection from the outset so as to keep your costs down. It’s well worth the money. And I would never take a referral for a home inspector from my agent – I’d pick them myself.

[rube]

Google SB800 or senate bill 800. It details the homebuilder warranty and how long a builder is on the hook to fix your house.

[SD Realtor]

Someone can correct me if I am wrong… as that is always a high probability. Recently at 4s one of the salespeople told me that the followings warranties apply:

1 – Appliances are a 1 year waranty issued by the manufacturer of the appliance.

2 – Electrical and plumbing were “I believe” either a 2 or 4 year warranty.

3 – 10 years builders defect for major stuff.

As always that is going from memory last week.

SD Realtor

[Alex_angel]

SDR. Would they put in writing what “major stuff” would consist of?

[SD Realtor]

hehehehe…

I DEFINITELY believe they would not… They are as slippery as eels… However, in the contract they will give a broad overview of builders defects. It may fall upon you the buyer to PROVE it is a builders defect when something happens. This could/would involve attorneys if the builder didn’t agree it was due to their faulty construction.

SD Realtor

[sdrealtor]

Electrical and plumbing are 10 years if it is builders defect. I’ve had my builder out for all sorts of things over the last several years and they have been gracious in fixing everything promptly.

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