In addition to any express warranties that the homebuyer and contractor have articulated in the contract, there are some warranties that are implied into a construction contract by law. These are known as implied warranties of quality in new home sales. A majority of states have recognized an implied warranty of quality. States have identified two main types of implied warranties:
- Implied Warranty of Habitability: This warranty guarantees that the house will not have any major defects that render the house uninhabitable when completed.
- Implied Warranty of Skillful Construction: This warranty focuses on the manner in which the work is performed. Under such a warranty, the contractor has an obligation to fix the problem.
Most courts allow the implied warranty of habitability to be modified or disclaimed. However, many courts refuse to enforce them unless they are conspicuous, specific, and the result of mutual agreement between the builder and the homebuyer.
Implied warranties can be complex and vary from state to state. An experienced property lawyer can help you understand what implied warranties you are granted by state law. A property lawyer can also file any necessary paperwork and represent you in court.