As to fit and finish items, a builder shall provide a homebuyer with a minimum one-year express written limited warranty covering the fit and finish of the following building components. Except as otherwise provided by the standards specified in Chapter 2 (commencing with Section 896), this warranty shall cover the fit and finish of cabinets, mirrors, flooring, interior and exterior walls, countertops, paint finishes, and trim, but shall not apply to damage to those components caused by defects in other components governed by the other provisions of this title.
Any fit and finish matters covered by this warranty are not subject to the provisions of this title. If a builder fails to provide the express warranty required by this section, the warranty for these items shall be for a period of one year.
Requirements for Actions for Construction DefectsObligations
Section § 900
If you're buying a home, the builder must give you at least a one-year written warranty on the quality and final touch (fit and finish) of things like cabinets, mirrors, flooring, walls, countertops, paint, and trim. This warranty doesn’t cover damage from problems with other parts of the house. If the builder doesn't provide this warranty, you're still covered for a year by default.
homebuyer warranty fit and finish building components
Section § 901
This law says that builders can choose to offer homeowners more protection or longer warranties than what's required by law. However, they cannot reduce the standard protections that the law requires. If they do provide extra protection, it's called an 'enhanced protection agreement.'
A builder may, but is not required to, offer greater protection or protection for longer time periods in its express contract with the homeowner than that set forth in Chapter 2 (commencing with Section 896). A builder may not limit the application of Chapter 2 (commencing with Section 896) or lower its protection through the express contract with the homeowner. This type of express contract constitutes an “enhanced protection agreement.”
builder protection express contract homeowner warranties
Section § 902
This law says that if a builder offers a special protection agreement to the buyer, the builder can make its own rules about the construction instead of following the usual rules in Chapter 2, starting at Section 896. However, the builder's agreement needs to at least meet the minimum standards set by Chapter 2 to be valid.
If a builder offers an enhanced protection agreement, the builder may choose to be subject to its own express contractual provisions in place of the provisions set forth in Chapter 2 (commencing with Section 896). If an enhanced protection agreement is in place, Chapter 2 (commencing with Section 896) no longer applies other than to set forth minimum provisions by which to judge the enforceability of the particular provisions of the enhanced protection agreement.
builder enhanced protection agreement express contractual provisions
Section § 903
If a builder chooses to offer an enhanced protection agreement instead of following standard housing defect rules, they must do this in writing before closing the home sale. The builder has to give the homeowner a copy of the standard rules and explain that they are not following them. If part of the enhanced agreement doesn't meet the basic standards and can't be enforced, the builder might have to follow the original rules anyway.
If a builder offers an enhanced protection agreement in place of the provisions set forth in Chapter 2 (commencing with Section 896), the election to do so shall be made in writing with the homeowner no later than the close of escrow. The builder shall provide the homeowner with a complete copy of Chapter 2 (commencing with Section 896) and advise the homeowner that the builder has elected not to be subject to its provisions. If any provision of an enhanced protection agreement is later found to be unenforceable as not meeting the minimum standards of Chapter 2
(commencing with Section 896), a builder may use this chapter in lieu of those provisions found to be unenforceable.
enhanced protection agreement standard housing defect rules homeowner agreement
Section § 904
If a builder promises extra protection in an agreement, but a homeowner thinks it doesn't meet the legal standards for construction issues, the homeowner can ask to use the legal standards instead. The homeowner must inform the builder in writing when making a claim.
If a builder has elected to use an enhanced protection agreement, and a homeowner disputes that the particular provision or time periods of the enhanced protection agreement are not greater than, or equal to, the provisions of Chapter 2 (commencing with Section 896) as they apply to the particular deficiency alleged by the homeowner, the homeowner may seek to enforce the application of the standards set forth in this chapter as to those claimed deficiencies. If a homeowner seeks to enforce a particular standard in lieu of a provision of the enhanced protection
agreement, the homeowner shall give the builder written notice of that intent at the time the homeowner files a notice of claim pursuant to Chapter 4 (commencing with Section 910).
enhanced protection agreement homeowner dispute builder promises
Section § 905
If a homeowner wants to use Chapter 2 (starting with Section 896) instead of an enhanced protection agreement in a lawsuit about construction defects, the builder can choose to split the case and get a quick ruling within 60 days on which rules apply. However, this must happen before discovery starts. If the builder doesn't act in time, they lose this option, and the general standards will apply. For later homeowners, they are covered by an enhanced protection agreement only if it's officially noted in property records or if the builder has informed them directly. If not, general standards apply to their complaints.
If a homeowner seeks to enforce Chapter 2 (commencing with Section 896), in lieu of the enhanced protection agreement in a subsequent litigation or other legal action, the builder shall have the right to have the matter bifurcated, and to have an immediately binding determination of his or her responsive pleading within 60 days after the filing of that pleading, but in no event after the commencement of discovery, as to the application of either Chapter 2 (commencing with Section 896) or the enhanced protection agreement as to the deficiencies claimed by the
homeowner. If the builder fails to seek that determination in the timeframe specified, the builder waives the right to do so and the standards set forth in this title shall apply. As to any nonoriginal homeowner, that homeowner shall be deemed in privity for purposes of an enhanced protection agreement only to the extent that the builder has recorded the enhanced protection agreement on title or provided actual notice to the nonoriginal homeowner of the enhanced protection agreement. If the enhanced protection agreement is not recorded on title or no actual notice has been provided, the standards set forth in this title apply to any nonoriginal homeowners’ claims.
homeowner rights construction defects enhanced protection agreement
Section § 906
This law states that when a builder chooses to use an enhanced protection agreement, it only covers specific issues starting in Chapter 2. It doesn't mean they've decided to follow the rules in Chapter 4. Decisions about Chapter 4 have to follow the rules in that chapter.
A builder’s election to use an enhanced protection agreement addresses only the issues set forth in Chapter 2 (commencing with Section 896) and does not constitute an election to use or not use the provisions of Chapter 4 (commencing with Section 910). The decision to use or not use Chapter 4 (commencing with Section 910) is governed by the provisions of that chapter.
builder's election enhanced protection agreement Chapter 2 issues
Section § 907
If you're a homeowner, you need to keep up with maintenance tasks and schedules given to you in writing by your builder or the people who made your home's products. You also have to follow general maintenance practices that everyone usually follows. If you don't do this, you might not be able to win a lawsuit against the builder because they have certain defenses they can use against you.
A homeowner is obligated to follow all reasonable maintenance obligations and schedules communicated in writing to the homeowner by the builder and product manufacturers, as well as commonly accepted maintenance practices. A failure by a homeowner to follow these obligations, schedules, and practices may subject the homeowner to the affirmative defenses contained in Section 944.
homeowner maintenance reasonable maintenance obligations written schedules
