Home Buying in 48103>Question Details

Jeff, Both Buyer and Seller in Ann Arbor, MI

In MI, can builders include an express warranty in a contract to negate the implied warranty set by law?

Asked by Jeff, Ann Arbor, MI Fri Jun 13, 2014

I am in the process of reviewing a purchase agreement from my builder. My lawyer said that the last several sentences of the Warranty section of the PA are completely unacceptable under any circumstances. A one year warranty for a $337,000 purchase is completely outrageous. The builder is subject to a six year Statute of Limitations for defects by law. There is no economic predicate for shortening it by 5 years.

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In Michigan, licensing law does not require a builder to offer a warranty. However, the licensing law does provide for a complaint period of 18 months, during which time a homeowner may file a complaint with the State. Most builders include language in their purchase agreements defining the warranty coverage and how to file warranty claims. One-year warranties are common, but structural elements may be covered for up to ten years.
0 votes Thank Flag Link Fri Oct 10, 2014
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