This chapter shall apply to all contracts and warranties for roofing materials used on a residential structure, including, but not limited to, a manufactured home or mobilehome, and to all contracts and warranties for the installation, repair, or replacement of all or any portion of the roof of a residential structure, including, but not limited to, a manufactured home or mobilehome.
Consumer WarrantiesHome Roof Warranties
Section § 1797.90
This law section deals with any contracts or warranties related to roofing materials and roofing services, such as installation, repair, or replacement, on residential structures, including homes and mobile homes.
roofing materials contracts warranties
Section § 1797.91
If you're signing a contract for roofing materials or work on a residential roof, including mobile homes, it has to be in writing if it includes a warranty that lasts beyond when the work finishes.
Any contract for roofing materials, or for the installation, repair, or replacement of all or any portion of the roof of a residential structure, including, but not limited to, a manufactured home or mobilehome, shall be in writing if the contract includes any warranty of the materials or workmanship that extends for any period of time beyond completion of the work.
roofing contract residential roof roof installation
Section § 1797.92
If you buy a new home in California that was originally sold after January 1, 1994, any warranties on the home automatically benefit you too. You can enforce these warranties even if you bought the home second-hand. However, if the original contract clearly says the warranty can't be transferred, then this rule doesn't apply.
For any contract subject to this chapter that is entered into on or after January 1, 1994, the warranty obligations shall inure to the benefit of, and shall be directly enforceable by, all subsequent purchasers and transferees of the residential structure, without limitation, unless the contract contains a clear and conspicuous provision limiting transferability of the warranty.
residential structure subsequent purchasers warranty obligations
Section § 1797.93
If a warranty calls itself 'lifetime' or uses similar words, it must clearly explain what 'lifetime' actually means so that buyers can easily understand how long the warranty lasts.
If any warranty subject to this chapter, uses the term “lifetime,” “life,” or a similar representation to describe the duration of the warranty, then the warranty shall disclose with such clarity and prominence as will be noticed and understood by prospective purchasers, the life to which the representation refers.
warranty duration lifetime warranty disclosure
Section § 1797.94
If a warranty on a home is covered by this law, it automatically benefits and can be used by anyone who buys or receives the home later, unless the warranty clearly states otherwise. If there's a limitation on who can use the warranty, it must be very obvious and at the top of the document. Any required disclosures must also be prominently displayed at the top of the warranty document in bold and boxed text.
Any warranty subject to this chapter, shall inure to the benefit of, and shall be directly enforceable by, all subsequent purchasers and transferees of the residential structure, without limitation, unless the warranty contains a provision limiting transferability of the warranty. A provision limiting transferability shall be set forth at the top of the first page of the warranty in 14-point boldface type, and shall be enclosed in a rectangular box in at least 4-point type.
(b)CA Civil Law Code § 1797.94(b) Any disclosure
required by Section 1797.93 shall also be set forth at the top of the first page of the warranty in 14-point boldface type, and shall be enclosed in a rectangular box in at least 4-point type. This disclosure may be included in a disclosure required under subdivision (a).
residential structure warranty subsequent purchasers transferees
Section § 1797.95
If a company offers roof warranties in several states, they can create a standard warranty that complies with other states' rules. But, these warranties must be at least as strict as the rules in this section.
A warrantor who provides roof warranties in multiple states may standardize the warranty to meet warranty requirements of other states. However, those standardized warranties shall meet requirements which are no less than those imposed by this chapter.
roof warranties warrantor standardized warranty
Section § 1797.96
If you're buying a newly built home and the seller is offering a warranty, they have to share all the necessary warranty details with you before you finalize the purchase. However, if they forget to do this, it won't cancel the sale.
Where a warranty subject to this chapter is provided for the benefit of the purchaser of a newly constructed residential structure, the seller shall provide the warranty disclosures required by this chapter to the purchaser prior to the close of escrow. No transfer shall be invalidated for failure to comply with this section.
new home warranty warranty disclosure residential structure
