Bought a home ‘As Is’ with foundation warranty included in the legal papers

UPDATED: Oct 1, 2022

Advertiser Disclosure

It’s all about you. We want to help you make the right legal decisions.

We strive to help you make confident insurance and legal decisions. Finding trusted and reliable insurance quotes and legal advice should be easy. This doesn’t influence our content. Our opinions are our own.

UPDATED: Oct 1, 2022Fact Checked

Get Legal Help Today

Compare Quotes From Top Companies and Save

secured lock Secured with SHA-256 Encryption

Bought a home ‘As Is’ with foundation warranty included in the legal papers

Seller sold the home ‘As Is’ and the Foundation Warranty was included in the
sale. The home needs to be re-leveled and the Foundation Company says the bill
was never paid by the seller so he will not honor the warranty. Who is
responsible for the warranty The Seller, The Buyer, or The Foundation Co.?

Asked on October 26, 2017 under Real Estate Law, Texas


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 5 years ago | Contributor

A warranty is a contract: if the seller never paid for it, he committed a material breach of violation of his obligations, and that violation would absolve the warranty company of its obligations--that is, you don't get coverage that was never paid for. However, if the seller told you that there was a warranty when there was not, he may have committed fraud--misrepresenting or lying about a material, or important fact, to get you to go through with sale. In additition, if the contract of sale mentioned  a warranty and there was none, he would have breached the contract. Therefore, you may have grounds to sue the seller for the costs that should have been paid by the warranty, if there had been a warranty.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

Get Legal Help Today

Find the right lawyer for your legal issue.

secured lock Secured with SHA-256 Encryption