is there a law requiring a warranty be given on new construction? If so, what kind of warranty?

Asked on July 3, 2009 under Real Estate Law, Virginia


L.M., Member, California Bar / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

Yes.  In Virginia, Statute 55-70.1 requires new construction to have a one year implied warranty.  The builder warrants that the "dwelling with all its fixtures is, to the best of the actual knowledge of the vendor or his agents, sufficiently (i) free from structural defects, so as to pass without objection in the trade, and (ii) constructed in a workmanlike manner, so as to pass without objection in the trade." Essentially, no structural defects, and workmanlike construction.   The warranty starts the earlier of when the title is transferred, or when the buyer takes possession of the property.

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