Limited Warranty for New Home Purchase and Sale Agreement


This Limited Warranty is an Exhibit to and part of the New Home Purchase and Sale Agreement (“Agreement”) dated this _____ day of ___________, 20___   between _____________________________  (“Buyer”) and_____________________________ (“Seller”) for the purchase of the property (“Property”) described in the Agreement:


1. LIMITED WARRANTY.  The Seller agrees that, for the term of this Limited Warranty, the House will substantially conform with the Construction Standards of the Agreement.

2. TERM.  The term of this Limited Warranty (“Warranty Term”) is one (1) year commencing on the date of closing of the purchase of the Property by the Buyer or the date of occupancy, whichever occurs first..  This Limited Warranty shall become effective from and after the closing.

3. NOTICE TO SELLER.  In the event of the occurrence of a problem as to which the Seller has responsibility, the Buyer must provide written notice of such problem to the Seller. The notice must be given in the manner required by the Agreement for notices. The notice must specify the problem in detail and must be given to the Seller within the Warranty Term.The Seller shall not be responsible for problems as to which a required, timely notice has not been given.  The Buyer shall permit the Seller or its agents, employees or contractors reasonable access to the Property during normal business hours(Monday – Friday, 9:00 a.m. – 5:00 p.m.) to inspect or perform work required under this Limited Warranty.

4. EXCLUSIONS.  Excluded from this Limited Warranty are the following:
a. Any items for which the Seller is not responsible under the Construction Standards;
b. Bodily or personal injury of any kind;
c. Mental and emotional pain and suffering;
d. Loss or damage to personal property;
e. Loss or damage resulting from the Buyer’s failure to comply with his obligations or otherwise resulting from the Buyer’s improper maintenance or improper operation;
f. Loss or damage resulting from the Buyer’s failure to provide prompt notice to the Seller of a problem;
g. Any defect, damage, or loss resulting from actions or inactions of persons other than the Seller, such as independent contractors retained by the Buyer;
h. Consequential or incidental damages of any kind or nature;
i. Attorney’s fees, expert’s fees, and expenses of the Buyer;
j. Loss or damage caused by external forces, such as acts of God, windstorm, fire, explosion, smoke, water, hail,lightning, falling trees, flood, earthquakes, radon or other gases, pollution, toxic substances, civil disturbance,changes in the level of the underground water table which are not reasonably foreseeable at the time of construction, or criminal acts of a third party;
k. Any loss, damage, defect, cost or expense which is caused by an occurrence for which compensation is provided by state legislation, or which is covered by insurance of the Buyer;
l. Any loss or damage by insects or vermin;
m. Any loss or damage arising while the Property is being used primarily for nonresidential purposes  or from the Property being used for nonresidential purposes;
n. Costs of shelter, transportation, food, moving, storage, or other incidental expenses related to relocation during repair, or any other cost or damages relating to loss of use, inconvenience, or annoyance;
o. Normal wear and tear, normal deterioration, or normal changes that are the result of characteristics common to the materials used;
p. Loss or damage resulting from the Buyer’s failure to comply with warranty requirements of manufacturers;
q. Any appliances, piece of equipment, or other item that is a consumer product for the purpose of the  Magnuson-Moss Warranty Act, 15 U.S.C.§ 2301, et. seq., installed or included in the Property, including but not limited to any heating and air conditioning equipment, heat pump, electric air cleaner, exhaust fan, thermostat, space heater,furnace, air conditioning system, humidifier, whirl pool bath, garbage disposal, water heater, water softener, sump pump, refrigerator, freezer, trash compactor, range, oven, kitchen center, dishwasher, oven hood, clothes washer,clothes dryer, ice maker, central vacuum system, smoke detector, fire alarm, fire extinguisher, garage door opener,chime, water pump, intercom, burglar alarm, electric meter, gas meter, or electric barbecue grill;
r. Defects in swimming pools and other recreational facilities;
s. Defects in landscaping, including sodding, seeding, shrubs, trees, plants, and fences;
t. Exterior hardware;