Home construction defects refer to any issues or flaws in the construction of a home that negatively affect the home’s structural integrity, habitability, or safety. These can include issues such as foundation cracks, water infiltration, poor drainage, and defects in the electrical, plumbing, or HVAC systems.
Other types of new home issues can include problems with the building materials used, improper installation of appliances and fixtures, and issues with the design or layout of the home. Some homes may also have mold, pests, or other environmental hazards.
Buyer-Beware No Longer in Effect
The “buyer-beware” doctrine, also known as “caveat emptor,” is a legal principle that generally holds that a buyer is responsible for inspecting and evaluating a product before purchasing it.
Under this doctrine, the seller is not responsible for disclosing any defects or issues with the product, and the buyer assumes the risk of any problems after the sale.
In the context of real estate, the “buyer-beware” doctrine traditionally meant that the buyer was responsible for inspecting and evaluating a property before purchasing it, and the seller was not responsible for disclosing any defects or issues with the property.
The “buyer-beware” doctrine in Florida no longer applies to new home construction. Florida law requires that a homebuilder provide a written warranty on new homes. The Florida Homeowners’ Construction Recovery Fund also provides a mechanism for homeowners to recover damages from a homebuilder if the homebuilder violates the warranty provided or if the homebuilder is unable to pay the damages awarded.
However, it’s important to note that the “buyer-beware” doctrine still applies to resale properties. The buyer is responsible for inspecting and evaluating the property before purchasing.
Implied Warranty Against Sloppy Workmanship
An implied warranty against sloppy workmanship is a legal concept that applies to new homes. It is a warranty that is not explicitly stated but is implied by the law. Essentially, it means that a new home must be built to a certain standard of workmanship and that the builder is responsible for any defects or issues that result from poor workmanship.
Implied warranties in new homes typically last for a certain period of time after the home is built, such as one or two years. If a homeowner discovers any defects or issues that result from poor workmanship during this time, they can hold the builder liable under the implied warranty.
Express Warranty
An express warranty is a written or verbal statement made by a builder or seller of a new home that guarantees certain aspects of the home.
For example, a builder may express a warranty that the home’s foundation will be free from defects for a certain period. If a homeowner discovers a defect in the foundation during this time and the express warranty covers it, they can hold the builder liable and seek repairs or compensation under defective construction claims.
Express warranties can be a powerful tool for homeowners in the event of defective construction claims. They provide a clear and specific guarantee that certain aspects of the home are free from defects and can be used as evidence in legal proceedings.
Additionally, express warranties can be used to hold builders accountable for defects that an implied warranty might not cover.
It’s important to note that express warranties typically apply to specific home areas and usually have a limited duration. Homeowners should keep the warranty papers and any other documents that came with the home.
It’s also important to read the warranty carefully, understand the scope of the warranty, and know the exact time frame when the warranty is valid.
How Long Is a Home Builder Responsible for Defects?
The length of time a home builder is liable for new home defects can vary depending on the state and the type of defect in question. Generally, two types of warranties can apply to new homes: implied warranties and express warranties.
Implied warranties are legal concepts that are not explicitly stated but are implied by the law.
They typically apply to all new homes and provide a minimum standard of workmanship that the builder must meet. In most states, the implied warranty of habitability lasts for one or two years from the closing date. This means that during this time, the builder is liable for any defects or issues that result from poor workmanship, such as leaks or structural issues.
On the other hand, express warranties are written or verbal statements made by the builder that guarantee certain aspects of the home. They are typically more specific than implied warranties and may apply to certain areas of the home or certain systems, such as the foundation or plumbing. The length of an express warranty can vary depending on the builder and the type of defect, but they typically last for one or two years.
It’s important to note that implied and express warranties do not cover every possible defect in a new home or cover normal wear and tear. Additionally, some states have “statutes of repose” that limit the time period a homeowner can file a claim against a builder, regardless of the type of warranty. So, it’s important to review the laws and regulations of the specific state you are in to understand the time frame of when a builder is liable for defects.
In summary, the length of time that a home builder is responsible for defects in a new home can vary depending on the state, the type of defect, and the type of warranty that applies. Implied warranties typically last for one or two years, while express warranties can last for a similar period of time.
However, it’s always recommended to review the laws and regulations of the specific state you are in to better understand when a builder is liable for defects.
Do I Need a Florida Real Estate Lawyer for Help with Defective Construction Claims?
If you are a homeowner in Florida and have discovered defects in your new home that you believe are the result of poor workmanship, it is critical to seek legal guidance.
A real estate attorney in Florida can help you navigate the legal process and protect your rights.
A real estate attorney can help you understand the type of warranty that applies to your home, whether it’s an implied or express warranty. They can also help you understand the time frame you can file a claim and the specific laws and regulations that apply in your state.
A real estate attorney can also help you gather evidence of the defects, including photographs, expert reports, and other documentation, to support your claim.
A real estate attorney can also help you negotiate with the builder or seller and potentially resolve the issue through mediation or arbitration. If necessary, a real estate attorney can also represent you in court and help you seek compensation for any damages caused by the defects.
It’s important to note that in Florida, there is a statute of repose of 4 years. This means that homeowners have four years from the home’s completion date to file a claim against the builder. So, it’s important to act quickly and seek legal assistance as soon as possible.
In summary, if you have discovered defects in your new home in Florida, it is important to seek legal assistance from a Florida real estate lawyer. An attorney can help you understand your rights, gather evidence, negotiate with the builder or seller, and represent you in court if necessary.
Don’t wait. Act quickly and seek legal assistance as soon as possible to protect your rights and compensation for any damages caused by the defects.
