Greensboro, NC asked in Construction Law for North Carolina

Q: How much of a warranty do home builders have to provide on newly constructed homes?

We purchased a home that was completed in Mar 2018 in January 2019. Although it is a new home, we are the second owners. So we purchased it from the original owner and not the construction company. Because of this, we were told they would not extend the 1 year builders warranty to us, and it would have expired by now anyways. We have found a potential plumbing leak that is likely caused by a builder's defect and upon discussing it with another contractor, he says that there may be an implied warranty for 3 years that the home builder must honor. Does anyone know more details about this situation?

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1 Lawyer Answer
Paige Kurtz
Paige Kurtz
  • Construction Law Lawyer
  • Raleigh, NC
  • Licensed in North Carolina

A: It will depend on the original contract between the homeowner and the builder as to what warranties exist. Any issues that arise that are a result of faulty construction could potentially be brought against the builder within six years of the original work. Your contractor is probably thinking of the three year statute of limitations on breach of contract.

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