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Waiver of implied warranties?

1,216 Views | 6 Replies | Last: 2 yr ago by diamondag
diamondag
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I am reading a new build home purchase contract and it has a exclusion clause where buyer waived all implied warranties

Big ones being estuve habitability and workmanship

Is that common

I'm inclined to walk away from it
Red Pear Luke
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Sponsor
AG
diamondag said:

I am reading a new build home purchase contract and it has a exclusion clause where buyer waived all implied warranties

Big ones being estuve habitability and workmanship

Is that common

I'm inclined to walk away from it

Where is the home located?
Sponsor Message: We Split Commissions. Full Service Agents in Austin, Bryan-College Station, Dallas-Fort Worth, Houston and San Antonio. Red Pear Realty
SteveBott
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AG
Keep in mind all builders contract not using TREC is designed to 100% protect the builder and not you. It's the most lopsided deal I've ever read. Buyer beware
diamondag
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San Antonio
diamondag
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I Agree
beerag04
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AG
Habitability generally cannot be waived regardless of what the contract states. That waiver is void, but it would have to be a very extreme situation to where you would even be pursuing a claim for habitability.

Implied workmanship can be waived, which means you can only look to the express warranty stated in the contract. Make sure you are comfortable with the warranties explicitly stated and assume those are your only recourse. Negotiate them accordingly.
diamondag
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Thank you beerag

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