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Even
though your home may be brand new, just as with a new car,
there will still be reasons for service. Things may go wrong
with your new home. The question is: Who is responsible
for fixing these problems? All of this information should
be spelled out in the builder’s warranty. The builder’s
warranty is one of the items that you must read and understand
before you make a buying decision. If the warranty references
another document, such as standards set forth by a building
trade organization or the state, make sure you also read
and understand those documents.
The
way the warranty reads will give you insight into how the
company operates and the faith that they have in their product.
Some builders have more detailed warranties chock full of
legalese, disclaimers, and limitations. Because the warranty
is almost always referenced in the purchase agreement, it
is a legally binding document that you are agreeing to,
so make sure your attorney reviews it.
You
should compare warranties, tolerances, and remedies for
different builders. If a huge crack develops in your garage
floor, for example, is the builder’s remedy to fill the
crack with caulk or replace the floor? If the builder is
informing you in writing before you even agree to buy the
home that they are not going to stand by their product and
fix something, that should send up a red flag!
Warranties
vary greatly depending on the size of the builder and the
area of the country. Some builders operate under a standard
warranty that is mandated by the county or state government
similar to a code. The length of the different parts of
the warranty will vary, just like new car warranties. Like
a new car, you will have a responsibility to maintain your
home to keep the warranty enforceable on the components
in your home. For instance, is the concrete warranty void
unless you seal your concrete? Remember, it’s just like
the warranty on a new car: If you don’t change your oil
as prescribed, kiss your warranty good-bye.
Most
new home warranties have two components with varying terms
of coverage. When you are shopping for homes you will commonly
see “1-10” or “2-10” warranties.
One-
and Two-Year Warranty Coverage
Think of this as the “Bumper-to-Bumper” version of your
warranty. Almost everything in your home will fall under
this category. From your squeaky floors to your doors that
won’t shut, it is the builder’s responsibility to fix them
for the period outlined in the warranty. Some builders will
limit this part of the warranty to the major components
of your home such as plumbing, heating and cooling, and
electrical systems. Don’t make the mistake of thinking everything
is covered. Read the warranty and all of its exclusions.
Structural
Warranties
The longest period in most warranties offered by builders
of new homes is the “Structural Warranty.” This is the “10”
in the “2-10” warranty. Think of this as the “drive-train”
portion of your home warranty. Just as a new car warranty
defines the drive-train warranty as covering just the systems
that make the wheels move, the builder limits the Structural
Warranty to the components that keep the home from collapsing.
Structural defects usually refer to defects in the load-bearing
portions of your home such as roof rafters or trusses, floor
joists, beams, foundation, and footings.
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Items
Almost Never Covered
From the time you move in, most builders will not warrant
items such as landscaping, paint, caulk, floor coverings
including carpet, vinyl, tile, and hardwood. You need to
pay special attention to these, and any other items not
warranted by the builder, during your walk-through. It is
important to make sure the house is clean when you do your
walk-through so that you can identify defects in any of
these products and have them repaired prior to closing.
Manufacturers
Warranties
Almost every component in your house has a warranty from
the manufacturer. However, it is a bit unrealistic to think
you are going to get the warranty card for the subfloor
or concrete. What you should get is warranties from all
of the major mechanical component manufacturers used in
your home. Specifically, make sure you get the warranty
information for:
- appliances
- garbage
disposal
-
furnace
- air
conditioner
-
water heater
- water
softener
- windows
- entry
doors
- garage
doors and openers
- roofing
material
- skylights
- whirlpool
type tubs
If the
builder uses name brand components with strong warranties
you are protected even after the builder’s warranty expires.
In the case of a stove, there is little a builder can do
to improperly install it and void the warranty. On the other
hand, for something like a window or door, it is very easy
for the builder to void the warranty by not installing it
according to manufacturers instructions. If you do have
a problem with the windows or doors several years after
the builder’s warranty expires, your claim could be rejected
because the window or door manufacturer will simply say
that the builder voided your warranty. If your windows carry
a ten-year warranty and you have a problem (caused by your
builder) in year seven, it may be difficult to go back on
the builder. Most builders look at a seven-year-old house
as ancient and probably built in a neighborhood that was
long ago completed.
So what
can you do to protect yourself? First, make sure that your
inspector is familiar with the components that your builder
is using and can verify that those components are installed
correctly. Second, you need to collect as much product information
from the builder as you can, including warranty cards, installation
instructions, and care and maintenance guides. Tell your
builder that you are expecting these items to be given to
you at the walk-through (new home orientation when the home
is finished, but before closing). This is helpful if, for
example, a builder tells you that the finish on your hardwood
floor is not guaranteed by the builder, but it does carry
a ten-year warranty from the manufacturer. Do you know who
manufactured the floor? Do you know who installed it? Do
you know how to care for it so as not to void the warranty?
Can you verify that the floor really does have a warranty?
Your
most serious warranty claims will stem from foundation and
framing problems. If your inspector verifies that the foundation
and framing are done correctly and products such as windows
and doors are installed correctly, you can avoid many problems
later. Remember, no warranty can take the place of a well-built
house.
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