Home Construction Defects in Florida

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Home Construction Defects in Florida

When you purchase a newly built home from a builder or developer, you expect it to be flawless. But when there are construction defects, Florida law provides remedies to compensate your for lost expectations.

Buyer-Beware No Longer in Effect

Florida courts no longer enforce the buyer-beware aspect of a contract for newly built homes purchased from a builder. The buyer-beware provision is one where both buyers and sellers have equal access to the facts of a property, and that the buyers should fully research the defects of the property before buying.

In the situation where the buyer does buy a property that was poorly made and filled with defects, the buyer will not have any legal recourse as he had the opportunity to inspect the property for defects.

Implied Warranty against Sloppy Workmanship

Currently, Florida law provides an inherent warranty against sloppy workmanship. All newly built homes must be habitable and fit for its intended purpose. Thus, all newly built homes must have the basics of electricity, water and plumbing.

Express Warranty

Whether or not the builder provides you with specific express warranties on your sales agreement, Florida court requires such. Moreover, these warranties cannot be lesser than what a reasonable person expects. For example, the builder must give you a reasonable warranty for the shingles on your house. If normal shingles are expected to last 20 years, your builder cannot give you a false one-year warranty.

Do I Need a Florida Real Estate Lawyer?

Construction defects is a complex field especially since you may not notice all construction defects at the time of purchase. Construction defects will surface some time after your start living in your property. Thus, it is wise to obtain a construction defect or real estate attorney in Florida. Your lawyer can help you obtain any legal remedies that may be available in your case.

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Last Modified: 06-29-2015 03:13 PM PDT

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