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  #1  
Old 12/29/10, 7:53 AM
Gordon R. Marchant's Avatar
Gordon R. Marchant Gordon R. Marchant is offline
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Default 10 year structural new home warranty question

Question, client buying a house with a couple of structural defects and the house is 2 years old and is bank owned, never lived in. Builder is still in business. Are the 10 year warranties transferrable with the house or just the original owner? And if so does anyone have a web link where I can find the documents to prove it? Note: I did ask the builder the question and he stated not transferable, but that's just verbal. Thanks in advance.



Gordon Marchant, President, CMI
Florida Master Home Inspectors, Inc.
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Serving Southeast Florida
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State of Florida home inspector license #298
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  #2  
Old 12/29/10, 9:01 AM
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Default Re: 10 year structural new home warranty question

Gordon
That's a good question. I'm an Inspector in Virginia, so the following info relates to homes in Virginia.
The state requires builders to give a 5 years structural warranty; and this warranty "shall be held to survive the transfer of title". The state law also states the warranties can be "waived, modified or excluded" under certain conditions, but this must be spelled out specifically in the contract (the state law also describes how the exclusions must be presented; type face, etc).
A search VIA the internet under FL building laws/regulations may help you.
This is something I never considered; thanks for the info.
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Old 12/29/10, 9:18 AM
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Gordon R. Marchant Gordon R. Marchant is offline
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Default Re: 10 year structural new home warranty question

Thanks Jaime, I did try Google searching but mostly what I got was the warranty insurance companies selling their policies to builders. I will inform my client to check with a real estate attorney on this if I cannot find proof for him. I was under the impression that the warranty transferred as I have seen other builders repair defects not from the original owners, but maybe they were just using good public relations. This house I inspected the builder is a small custom builder.



Gordon Marchant, President, CMI
Florida Master Home Inspectors, Inc.
www.florida-mhi.com
Serving Southeast Florida
561-792-0271
State of Florida home inspector license #298
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  #4  
Old 12/29/10, 9:18 AM
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Fred Sylvester Fred Sylvester is offline
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Default Re: 10 year structural new home warranty question

Gordan----Do you mean a warranty program like the ones listed below that the builder may pass on to the orginal buyer of the home when it was built or the actual builders risk ?

http://www.bondedbuilders.com/

http://www.2-10.com/



PO BOX 61664
Fort Myers, FL. 33906
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HI-278~~~~~CB-C025051
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  #5  
Old 12/29/10, 9:23 AM
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Gordon R. Marchant Gordon R. Marchant is offline
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Default Re: 10 year structural new home warranty question

Those are insurance companies which back the builder. The actual law for the 10 year warranty which builders must cover is what I need to know is transferable or not.



Gordon Marchant, President, CMI
Florida Master Home Inspectors, Inc.
www.florida-mhi.com
Serving Southeast Florida
561-792-0271
State of Florida home inspector license #298
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  #6  
Old 12/29/10, 9:29 AM
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Default Re: 10 year structural new home warranty question

I would think it would be. but have not had to actually deal with one. If its a law I am sure it is on the house not the owner. (otherwise the contractors would just go around killing the claimants)



Ken Dolin
Kenco Home Inspections
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  #7  
Old 12/29/10, 9:36 AM
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Gordon R. Marchant Gordon R. Marchant is offline
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Default Re: 10 year structural new home warranty question

so true. One piece of information I read was that a builder could sell the house to an empty shell corp and resell it to bypass the law. But that didn;t get me proof.



Gordon Marchant, President, CMI
Florida Master Home Inspectors, Inc.
www.florida-mhi.com
Serving Southeast Florida
561-792-0271
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  #8  
Old 12/29/10, 11:42 AM
Brian C. Hoagland Brian C. Hoagland is offline
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Default Re: 10 year structural new home warranty question

The builder should be on the hook. Florida contractor law obligates them for both the obvious and latent defects. I would advise the client to converse first with the contractor, if he fixes it then trys to sue he will not win and it is important to document dates of discovery. If he can't get anywhere then he should consult an attorney. Do not advise any client regarding law aside from recommending they contact an attorney. I would have him ask the attorney also if he buys it with full knowledge of the defects expecting the contractor to correct it, how might that influence the law and the obligations of the builder under the law.

Last edited by bhoagland; 12/29/10 at 11:49 AM..
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Old 12/29/10, 11:52 AM
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Default Re: 10 year structural new home warranty question

Brian thanks for the advice



Gordon Marchant, President, CMI
Florida Master Home Inspectors, Inc.
www.florida-mhi.com
Serving Southeast Florida
561-792-0271
State of Florida home inspector license #298
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  #10  
Old 12/29/10, 1:47 PM
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Fred Sylvester Fred Sylvester is offline
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Default Re: 10 year structural new home warranty question

Gordon

I found this:

Builders are generally responsible for structural defects as indicated in Bolkrum v. Stabb (1975). This applies even to cases of defects occurring after the property has changed hands. In Barnes v. Mac Brown & Co. (1976), the plaintiff in 1971 bought a home built in 1967 from the original owners. On moving in, large cracks among other defects were observed around the basement walls. The plaintiff's suit against the builders for breach of an implied warranty of habitability which was earlier dismissed by a lower court was upheld on appeal not withstanding the absence of privity between the builder and the subsequent vendee. The builder would however be relieved if the vendor makes himself the principal contractor behind the construction and disposition of the property as in the case of Le Blanc v. Ellerbee Builders Inc. (1975).

In this artical on page three that you might want to read in it's entirety : http://findarticles.com/p/articles/m...g=content;col1

I would also agree with Brian, in my past experience as an expert witness in constructiion litigation cases the contractor is on the hook. But as Brian quoted do not do anything without having the client consult with an attorney.

Happy New Year !



PO BOX 61664
Fort Myers, FL. 33906
239-936-7579
HI-278~~~~~CB-C025051
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  #11  
Old 12/29/10, 4:09 PM
Gordon R. Marchant's Avatar
Gordon R. Marchant Gordon R. Marchant is offline
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Default Re: 10 year structural new home warranty question

Fred, I appreciate the info and advise.



Gordon Marchant, President, CMI
Florida Master Home Inspectors, Inc.
www.florida-mhi.com
Serving Southeast Florida
561-792-0271
State of Florida home inspector license #298
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  #12  
Old 12/29/10, 9:42 PM
Preston L. Halstead Preston L. Halstead is offline
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Default Re: 10 year structural new home warranty question

The warranty would go with the property and is backed by a warranty company. I do know a couple of attorneys that deal with stuff like this and one out in your area if you need to refer anyone. But as others stated.....I wouldn't get to involved on giving advise.



Preston L. Halstead
VP FL Home & Insurance Inspectors Chapter
Elite Property Inspection & Management
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