Inspecting New Constructions

On April 18, 2010, in Real Estate, by Robbie L. Vaughn, Esq.

Inspecting new constructions

One good reason to have a newly constructed home inspected for defects:

New York law provides every purchaser of certain newly constructed homes with a statutory home warranty (the “Housing merchant implied warranty”). However, the warranty only covers certain latent (hidden) defects.

The Warranty statute states that:

“Unless the contract or agreement by its terms clearly evidences a
different intention of the seller, a housing merchant implied warranty
does not extend to….any patent defect which an examination ought in the circumstances
to have revealed, when the buyer before taking title or accepting
construction as complete has examined the home as fully as the buyer
desired, or has refused to examine the home.”

In other words, the statutory warranty does not cover patent (obvious) defects that the purchaser should have discovered before the closing.

Therefore, it is best to discover all patent defects before the closing. This will give the purchaser and his/her real estate attorney more leverage to negotiate an agreement with the seller regarding the repairs.

As always, the Law Firm of Vaughn, Weber & Prakope, PLLC is here to assist you.  Contact us at (516) 858-2620.

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