What Are the Home Builders Warranty Laws in Missouri?

Question from Kyle, What Are the Home Builders Warranty Laws in Missouri?

Answer from AI:

When purchasing a new home in Missouri, it’s important to understand the home builders warranty laws that protect you as a homeowner. These warranties are designed to ensure that the builder addresses any defects in the construction of the home within a specified period. Here’s a general overview of what you need to know.

Types of Warranties

In Missouri, home builders typically offer two types of warranties:

• Implied Warranties: These are unwritten guarantees that the home will be habitable and built to a certain standard of quality. They are automatically included in the sale of a new home.
• Express Warranties: These are written agreements that specify what is covered and for how long. They are often included in the purchase contract.

Implied Warranties

Missouri law recognizes two main types of implied warranties:

1. Implied Warranty of Habitability: This warranty ensures that the home is safe and suitable for living. It covers essential aspects like plumbing, electrical systems, and structural integrity.
2. Implied Warranty of Workmanlike Construction: This warranty guarantees that the home was built in a skillful and competent manner, following industry standards.

These implied warranties generally last for a reasonable period, often interpreted as one year from the date of purchase. However, the exact duration can vary based on the specifics of the case and judicial interpretation.

Express Warranties

Express warranties are more specific and detailed. They typically cover:

• Structural Defects: Issues with the foundation, walls, and roof.
• Systems Defects: Problems with plumbing, electrical, and HVAC systems.
• Cosmetic Defects: Minor issues like paint and trim, usually covered for a shorter period.

The duration of express warranties can vary, but they often last between one to ten years, depending on what is covered. Always read the warranty document carefully to understand the terms and conditions.

Steps to Take if You Have a Warranty Claim

If you discover a defect in your new home, follow these steps:

1. Document the Issue: Take photos and write a detailed description of the problem.
2. Review Your Warranty: Check the warranty document to see if the issue is covered.
3. Notify the Builder: Contact the builder in writing, providing all necessary documentation.
4. Allow Time for Repairs: Give the builder a reasonable amount of time to address the issue.
5. Seek Legal Advice: If the builder does not resolve the problem, consult with a legal professional.

Legal Recourse

If the builder fails to honor the warranty, you may have legal options, including:

• Mediation or Arbitration: Many warranties require disputes to be resolved through these methods before going to court.
• Filing a Lawsuit: You can file a lawsuit for breach of warranty. Missouri courts have addressed such issues in cases like Smith v. Old Warson Development Company, which can provide precedent.

Consulting a Legal Professional

While this overview provides general information, home warranty issues can be complex. It’s crucial to consult with a legal professional for personalized advice. They can help you understand your rights and navigate the legal process.

For more detailed information, you can refer to the [Missouri Revised Statutes](https://revisor.mo.gov/main/Home.aspx) and the [Missouri Attorney General’s Office](https://ago.mo.gov/).

Remember, each case is unique, and professional legal advice is essential for addressing specific concerns.