A property owner’s guide to implied warranties in Florida

On Behalf of | Jan 13, 2025 | Construction Law |

When you invest in a newly built home or property in Florida, it comes with a set of legal protections known as implied warranties. Unlike express warranties, which are specific promises made by the builder in writing, implied warranties are automatic protections provided by law.

It functions under the idea that buyers should receive fair value for their money and that products should meet basic expectations for their intended use. Even if they are unwritten or unspoken, implied warranties are legally binding and enforceable.

Types of implied warranties

There are two main types of implied warranties for new construction homes:

  • Habitability: Your property should be safe and comfortable to live in. This means working plumbing, safe electrical systems and structural integrity.
  • Fitness for purpose: Your property should function properly as a place to live. It should serve all the normal purposes of a house.

In short, implied warranties in construction cover issues related to design, materials and workmanship. This includes major structural defects and system failures. It can also cover substantial deviations from building codes. However, it does not cover normal wear and tear like faded paint or minor settling, or issues caused by neglect.

Taking legal action

If you discover a significant defect in your property, you may have the right to demand repairs, compensation or, in severe cases, rescission of the purchase contract based on implied warranty. You have four years from the date of the certificate of occupancy (or similar document) to file a lawsuit.

For latent defects – those you can’t immediately notice – you have four years from when you discover or should have discovered the defect. Take note that you can’t bring any action more than seven years after the issuance of the certificate of occupancy (or similar document), regardless of when you discover a defect.

Protect your investment

Implied warranties can provide protection for buyers and investors, but their coverage and application can vary based on specific circumstances. If you encounter issues that you believe might fall under an implied warranty, consult with an attorney to understand your rights and options.

RSS Feed