clause in a 'Limited New Home Warranty'??

S

Squall

500+ Posts
Is this a normal clause, I know it differs by state (i'm in AL), but it just seems sleazy as hell to me.....

This warranty is given in lieu of any and all other warranties, either expressed or implied, including but not limited to, any implied warranty of merchantability, fitness of a particular purpose, habitability and workmanship, except , if applicable, such a warranty as specifically stated in any required VA/FHA warranty delivered simultaneously herewith.

thanks in advance
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Fairly standard. You will find that in just about any new home warranty in any state where there is no restriction against waiver of those implied warranties.
 
thanks for the answer!!

Am I completely wrong in thinking it's a very magical "get our of jail free" card for the builder?

Seems incredibly one sided
 
It's been worse in Texas, but, then again most homeowners voted for the people who put these laws into effect so they must not really care.
 
It is not a "get out of a jail free card" per se. There are still express warranties that the builder must provide, especially in Texas. In my experience it is more of a deterrent for people making claims passed the timeframe provided by the express warranties.
 
i just don't care for these..." fitness of a particular purpose, habitability"

I mean, if you make a house right, it's not negligent, therefore the courts won't see anything wrong.

Asking someone to waive those implied warranties simply so they can't sue you reeks of sleaziness.

I guess a builder, if he knows he did everything the right way, shouldn't have to worry with that.

but maybe i'm just naive

it's asking me to forgo my family's ability to protect themselves in case something goes wrong that's their fault and happens after 1 year passes, which almost anything huge such as foundation or roof would.

If they did not build the ceiling correctly, and it collapses and kills my two year old, i think it's fair to be able to sue.
 
it's a ******* hoot.

States that don't hesitate to let a jury decide to have a man executed, do not trust a jury to decide whether a builder should be held responsible for a defect.
 
You get a better warranty on a toaster than on a new home. There should be something wrong with that, right? The largest purchase most people will ever make in their lifetime and yet the entire process is stacked against the purchaser.
 
They didn't stop the sunset on the RCLA, but that was an extremely unfunny joke. Texas set of this bogus commission run by builders to oversee ALL warranty claims on new home construction or home remodelling. Just having it run by builders wasn't enough fun (you HAD to submit to their system in lieu of courts) they had even more fun by failing to even open their doors for business for several years. For a several year period there wan't anything you could do if you have a claim w/regards to your new home. I'm not talking just the failure to provide a satisfactory remedy. There wasn't any remedy at all. You were just ****** was all. Who knows what will happen now that they didn't prevent the commission from falling to the sunset, but it wouldn't surprie me at all if you were still required by law to submit your warranty claim to a commission that doesn't even exist.
 
Nick - I believe you are referring to the TRCC. The RCLA still exists and will be a condition precedent to any claims filed against a builder.
 
So why do people sign a clause like that?

It's literally taking away any chance you have of protecting your family from rogue builders, or ANY builders if they do something wrong.

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Because the builder simply won't sell you the home without it and most people don't stop to think about it or actually believe that their builder will "do the right thing".

Suckers...
 
Nick is right. When times were good, if you questioned anything in the contract, then the builder would just go to the next person in the line that was literally around the block. Now, in tough times, they do not have buyers waiting in the wings, but it is even more important (from their perspective) to have a strong contract to avoid potential liability.

Not saying whether it is right or wrong, just giving you my understanding.
 
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