What are common unwarrantable items (not all inclusive)?
- Scratches on hardwoods, laminate or vinyl flooring
- Chips and scratches on countertops, mirrors, cabinets and sinks
- Paint touch-ups
- Drywall touch-ups
- Carpet stains
- Natural products such as granite and wood have natural variances in color and grain
Granite/ Marble There is potential for color, pattern, veining, texture and surface variations in marble and granite, which are part of their natural beauty. Natural fissures may occur and do not mean that the stone is cracked. Seam locations will be determined by the installer and could vary from home to home. Seam appearance will also vary and may be more noticeable with large patterns. Vein direction may also vary between pieces of granite.
- Hardwood gapping and intermittent squeaking.
- Hardwood floors use a natural product and will have color variations, knots in the wood, shrink and expand during the different seasons and scratch from foot traffic.
- Concrete- If cracking is displaced more then 1/4”, the builder will use corrective actions such as filling, parging, grinding or use of a floor level compound.
- Natural wood cabinets will have character marks such as knots and color variations.
- Granite is a natural product and will have color variations, pitting and mineral deposits. The granite used will have seams at designated locations.
- Ceramic/ Glazed Tiles- these are not required to be sealed. Tile is vitrified during the firing process therefore making it impervious. High fired glaze will act as a seal on it's own.
- Standing water in the grass less than 24 hours after rain or less than 48 hours in the drainage swales within 10 feet of the foundation.
- Repair of caulking, grout, exterior paint/ caulking.
- Watering and fertilization of sod or seed landscaping.
- Routine servicing of HVAC units and filter.
Things you can do to void your warranty
- Water intrusion or drainage issues due to grade alteration or lack of landscape maintenance by homeowner or neighbors (ie. Washouts, trees planted in swales, fences placed in swales or improperly installed irrigation systems.)
- Any upgrades done after closing may void a specific part of your warranty (improper installation of ceiling fans, fences, plumbing fixtures, etc.)
What are some important things your contract says about warranty?
1) No oral agreements! Only written agreements will be honored.
2) Give me a chance to address a defect. During the warranty period, Hayden Marshburn Custom Homes, LLC must be allowed to address all items that are considered defects. If you choose to resolve something with outside contracts or fail to allow access, I will not be held responsible for the cost.
BUILDER'S LIMITED WARRANTY
The above named Builder hereby warrants the residential dwelling on the above-described property for a period of one year from the Effective Date from defect in workmanship and material, limited by the following terms and conditions.
I. Manufacturer's warranties shall only apply to appliances, heating and air unit, water heater and other such equipment. The Builder does not extend or increase the manufacturer's warranty.
II. Prior to closing, the Buyer has inspected the residential dwelling to his/ her satisfaction. The Builder has corrected or completed any items identified by both parties. The list of any items to be corrected or completed after closing is attached. Any items that are not defective in workmanship and material will not be corrected or completed after closing unless attached to this Warranty.
III. EXCLUSIONS FROM WARRANTY
A. Consequential damages, including, but not limited to, cost of shelter, transportation, food, moving, storage or other incidental expenses related to relocation during repairs.
B. Personal property damage or bodily injury.
C. Loss or damage caused directly or indirectly by insects, birds, vermin, rodents or wild or domestic animals.
D. Loss or defect that arises while the home is used primarily for non-residential use.
E. Normal deterioration and normal wear and tear.
F. Defects or damages caused by material or work supplied by anyone other then the Builder, her agents, employees or subcontractors.
G. Damages or losses not caused by a defect in construction of the home by the Builder, her agents, employees or subcontractors, but by acts of nature, accidents, etc.
H. Loss or damage due to the Buyer's improper maintenance of the home or its systems.
I. Loss or damage which is caused by or made worse by failure of the Buyer to notify the Bujilder of any defect within a reasonable amount of time.
J. Window or door glass breakage after possession by the Buyer.
K. Loss or damage to landscaping, including seeding of lawn, trees and shrubs.
IV. LIMITATIONS TO THE WARRANTY
A. Cracks greater then 1/8 inch in concrete block walls, stucco veneer, and brick or block mortar joints will be corrected by patching. The Builder will not be liable for color variations.
B. Cracks in concrete slabs, concrete driveways or asphalt driveways greater then 1/8 inch will be patched. The Builder will not be liable for color variations.
C. Scratches to kitchen countertops or bathroom vanity tops not pointed out to the Builder before closing are not covered.
D. Backup of sewage into the house caused by defect in the septic system is not covered. The septic systems (if applicable) was laid out and inspected by the County Department of Environmental Health officials prior to the system's being covered up and is not covered.
E. Nail pops will be repaired. The Builder will not be responsible for repainting.
A. Defects must be in writing and be brought to the attention of the Builder prior to the expiration of the one-year warranty period. The Buyer is prohibited from going to the Builder's other building sites to report problems. The Builder must be contacted directly and not through real estate agents. Items the Buyer desires to have covered under this Warranty will be allowed to accumulate for two months after closing and all reported at one time. This same procedure shall be followed at eleven months after closing (unless in the unlikely event of an emergency, then the Buyer shall contact Builder immediately.)
B. The Buyer will reasonably cooperate with the Builder to schedule repairs during normal working hours, Monday-Friday 8am-5pm.
C. Should the reported problem not be a defect for which the Builder is liable and the Builder corrects the problem at the Buyer's request, a reasonable fee will be due.
D. THE PARTIES AGRE THAT THIS WARRANTY IS THE ONLY WARRANTY EXTENDED BY THE BUILDER, AND IT MAY NOT BE ALTERED OR AMENDED WITHOUT THE WRITTEN CONSENT OF ALL PARTIES. THE BUILDER DOES NOT GRANT ANY REAL ESTATE FIRM'S OR AGENT'S PERMISSION TO MAKE WARRANTIES ON IT'S BEHALF, AND HEREBY DENIES ANY SUCH WARRANTIES MADE BY A REAL ESTATE FIRM OR AGENT. NO IMPLIED WARRANTIES ARE INTENDED OR GIVEN.