Yes, most builder warranties are transferable. The standard “1-2-10” builder warranty — covering 1 year of workmanship, 2 years of mechanical systems, and 10 years of structural defects — passes to new homeowners in most cases when the home is sold. The catch is that the transfer rules change based on whether you hold an express written warranty or rely on an implied warranty under state law.
Without a proper transfer, the next buyer of a home can lose all warranty protection. The average structural defect claim costs $42,500 or more, and a buyer who misses a 30-day transfer deadline or skips a small processing fee could be stuck paying that entire bill out of pocket. Many states lack a single, uniform statute requiring builders to make their warranties transferable, which leaves buyers vulnerable to confusing fine print and builder-specific rules.
What you will learn in this article:
- 🏠 The three warranty tiers (1-year, 2-year, 10-year) and exactly how each one transfers to new owners
- ⚖️ How federal and state laws protect — or limit — your right to transfer a builder warranty
- 🔑 The step-by-step transfer process, including fees, deadlines, and required documents
- 🚫 The most common mistakes that void a builder warranty transfer and how to avoid them
- 📋 Real-world scenarios, court cases, and examples from D.R. Horton, 2-10 HBW, and RWC warranties
What a Builder Warranty Covers and Why It Matters
A builder warranty is a written promise from a home builder that the home meets certain construction standards. It protects the homeowner from defects in materials, workmanship, and structural elements for a set period after the home is built. Think of it as the builder standing behind the quality of the home they sold you.
Builder warranties exist because new homes — no matter how well built — can develop problems after closing. Pipes may leak. Foundations may crack. Roofing materials may fail. The warranty gives the homeowner a clear path to get those problems fixed without paying for them.
The Three Coverage Tiers Every Buyer Should Know
Most builder warranties follow a “1-2-10” structure that covers workmanship, systems, and structural components. Each tier covers different parts of the home for a different length of time. The builder is the warrantor for the first two years, and a third-party insurer backs the structural coverage from years three through ten.
Year 1 — Workmanship: This tier covers defects in materials and workmanship supplied by the builder or any subcontractor. It includes items like paint, drywall, cabinetry, trim, doors, and windows. If something was installed wrong or made with poor materials, this is the tier that applies.
Year 2 — Distribution Systems: This tier covers the home’s major mechanical systems — plumbing, electrical, heating, ventilation, and air conditioning (HVAC). A pipe that bursts because of a faulty joint or a furnace that fails due to improper installation falls under this coverage.
Year 10 — Structural Defects: This is the longest and most important tier. It covers the load-bearing elements of the home — the foundation, framing, roof structure, and load-bearing walls. A structural defect means actual physical damage to these elements that makes the home unsafe, unsanitary, or unlivable.
Express Warranties vs. Implied Warranties: A Critical Difference
An express warranty is a written guarantee the builder gives you at closing. It spells out exactly what is covered, what is excluded, who is responsible, and for how long. Express warranties are the kind offered by companies like 2-10 Home Buyers Warranty and RWC.
An implied warranty is different. It is not written into the contract — instead, it comes from state law. Most states recognize an implied warranty of habitability, which means the builder guarantees the home is safe to live in and free from latent (hidden) defects. The key problem is that implied warranties are vague, unpredictable, and vary from state to state.
| Express Warranty | Implied Warranty |
|---|---|
| Written document signed at closing | Created by state law, not a contract |
| Clearly defines covered items and time frames | Coverage scope is vague and varies by state |
| Transfer rules are stated in the warranty | Transfer depends on state court rulings |
| Builder or insurer is the warrantor | Builder is liable under state statute |
| Can limit or exclude specific items | Cannot be waived in many states |
The distinction matters for transfers because express warranties usually contain specific transfer provisions. Implied warranties, on the other hand, depend entirely on whether your state’s courts have ruled they extend to subsequent buyers.
How Federal Law Sets the Floor for Warranty Transfers
The Magnuson-Moss Warranty Act and Your Rights
The Magnuson-Moss Warranty Act (15 U.S.C. §§ 2301–2312) is the main federal law governing written warranties on consumer products, and it applies to new home warranties in important ways. This act does not require builders to offer a warranty. But if a builder does offer a written warranty, the act dictates how that warranty must be presented and what it must disclose.
Under Magnuson-Moss, any written warranty must clearly state whether it is a “full” or “limited” warranty. A full warranty cannot limit the duration of implied warranties, must provide a remedy within a reasonable time, and cannot impose unreasonable conditions on the buyer. A limited warranty — which is what nearly every builder offers — can restrict coverage, set time limits, and impose conditions like mandatory arbitration.
The act also says that if a builder provides any written warranty, the builder cannot disclaim implied warranties. This is a powerful federal protection. It means a builder who gives you a written 1-2-10 warranty cannot also include fine print that wipes out your state’s implied warranty of habitability.
Why This Matters for Warranty Transfers
Magnuson-Moss does not force builders to make their warranties transferable. The decision to allow transfers is left to the warranty document itself and state law. But the act does require that all warranty terms — including any transfer restrictions, fees, or deadlines — be clearly disclosed to the consumer before the sale.
If a builder’s warranty document is silent on transferability, courts in many states will look to the Magnuson-Moss Act’s disclosure requirements to decide if the warranty passes to a new buyer. The general rule is that silence does not automatically mean the warranty is non-transferable, but it creates a gray area that often ends up in court.
How State Laws Change Everything About Transfers
State law is where builder warranty transfers get complicated. Each state has its own rules about implied warranties, express warranty requirements, and whether coverage extends to subsequent purchasers. Some states have passed laws that require transferability. Others leave it up to the builder.
Florida’s Groundbreaking Mandatory Transfer Law
Florida made headlines with the passage of HB 623, signed by Governor Ron DeSantis on April 15, 2024. Florida Statute §553.837 now requires every builder of a newly constructed residential home to provide a mandatory, transferable warranty lasting at least one year.
The warranty covers all construction defects in equipment, materials, or workmanship that result in a material violation of the Florida Building Code. The warranty automatically transfers to a new owner during the first year of coverage — no forms, no fees, no builder approval needed.
If a builder offers a warranty longer than one year, the written warranty must state whether the extended coverage is also transferable and on what terms. Builders who already offer warranties exceeding statutory minimums can keep their own terms, as long as those terms meet or exceed the new law. This makes Florida one of the most buyer-friendly states in the country for warranty transfers.
Texas and the Residential Construction Liability Act
Texas uses the Texas Residential Construction Liability Act (RCLA) under Texas Property Code Chapter 27 to govern disputes between homeowners and builders. The RCLA does not mandate a specific warranty, but it creates a structured process that homeowners — including subsequent purchasers — must follow before they can sue a builder.
Under the RCLA, a homeowner must give the builder written notice of the defect at least 60 days before filing a lawsuit. The builder then has the right to inspect the home and offer to repair the defect. This “right to repair” process applies to any homeowner, not just the original buyer, which gives subsequent purchasers a path to hold the builder accountable.
Texas courts have generally held that implied warranties of habitability extend to subsequent purchasers for latent defects — defects that are hidden and not discoverable through a reasonable inspection. The express warranty, however, only transfers if the warranty document itself allows it.
California’s 10-Year Rule for Latent Defects
California provides strong protections through its Right to Repair Act (Civil Code §§ 895–945.5) and the statute of limitations for construction defects. Under California’s implied warranty law, builders are liable for latent structural defects for 10 years from the date the home was completed.
Patent defects — defects that are discoverable through a reasonable inspection — have a shorter window of just 4 years under California Code of Civil Procedure §337.1. This distinction between latent and patent defects is critical for subsequent buyers. A second buyer who discovers a hidden foundation crack 7 years after the home was built can still pursue a claim against the builder.
California’s Right to Repair Act also provides a pre-litigation process similar to Texas. The homeowner must give the builder notice and an opportunity to inspect and repair before filing a lawsuit.
Pennsylvania’s Privity Problem for Second Buyers
Pennsylvania is one of the toughest states for subsequent buyers. The Pennsylvania Supreme Court ruled that the implied warranty of habitability does not extend to subsequent purchasers because they lack privity of contract with the builder.
Privity of contract means a direct legal relationship between two parties to an agreement. The first buyer signs a purchase agreement with the builder — that’s privity. A second buyer signs a purchase agreement with the first buyer, not the builder. Without that direct link, the second buyer cannot bring a claim for breach of the implied warranty.
This ruling overturned a lower court decision that had used public policy arguments to extend the warranty to subsequent buyers. The Supreme Court said the decision to change this rule belongs to the state legislature, not the courts. For subsequent buyers in Pennsylvania, the only path to warranty coverage is through an express warranty that explicitly allows transfers.
Arizona’s Strong Shield Against Builder Waivers
Arizona is on the opposite end of the spectrum from Pennsylvania. In Zambrano v. M & RC II LLC, 517 P.3d 1168 (2022), the Arizona Supreme Court ruled that builders cannot waive the implied warranty of habitability in a purchase agreement with a homebuyer.
Arizona law implies a warranty of habitability in every contract for the sale of a new home. This means the builder guarantees the home is fit to live in and free from latent defects. The court found that public policy protecting homebuyers outweighs the builder’s interest in limiting its liability.
This ruling has major consequences for transfers. Because the implied warranty cannot be waived, subsequent buyers in Arizona may be able to pursue claims based on the implied warranty even without an express transfer provision. The warranty attaches to the home, not just the contract.
Colorado’s Negligence Path for Subsequent Buyers
Colorado takes a different approach. While express builder warranties may not automatically transfer to subsequent purchasers, Colorado law allows second buyers to pursue claims through negligence.
A subsequent buyer can sue the builder for negligence if the builder’s faulty construction caused latent structural defects that the buyer could not have discovered through a reasonable inspection. This negligence path does not require privity of contract. It provides a safety net for buyers who purchase a home without a transferable express warranty.
| State | Implied Warranty Transfers? | Express Warranty Transfer | Key Rule |
|---|---|---|---|
| Florida | Yes (mandatory 1 year) | Must state transfer terms | §553.837 requires transferability |
| Texas | Yes, for latent defects | Only if warranty allows it | RCLA right-to-repair process |
| California | Yes, for latent defects (10 years) | Only if warranty allows it | Right to Repair Act applies |
| Pennsylvania | No — requires privity | Only if warranty allows it | Supreme Court blocked transfers |
| Arizona | Yes — cannot be waived | Only if warranty allows it | Zambrano ruling protects buyers |
| Colorado | No implied warranty transfer | Only if warranty allows it | Negligence claims available |
How the Biggest Builders and Warranty Companies Handle Transfers
D.R. Horton’s Automatic Transfer Policy
D.R. Horton, the largest homebuilder in the United States, provides a limited warranty that is automatically transferred to subsequent owners during the 10-year warranty term. There is no transfer application, no fee, and no need for the buyer to contact D.R. Horton to initiate the transfer.
The one major exception is foreclosure. D.R. Horton’s warranty document states that a foreclosure voids the warranty. This means if a homeowner defaults on their mortgage and the bank takes the home, the warranty dies with the foreclosure sale. A buyer who purchases a foreclosed D.R. Horton home gets no builder warranty coverage.
D.R. Horton’s warranty also passes through manufacturer warranties on items like appliances, HVAC systems, and roofing materials. These are separate from the builder’s warranty and transfer to the buyer at closing.
2-10 Home Buyers Warranty: Fully Transferable Coverage
2-10 Home Buyers Warranty (2-10 HBW) is one of the largest third-party structural warranty providers in the country. They offer fully transferable warranties — if the original buyer sells the home before the 1, 2, or 10-year coverage expires, the protection transfers to the new owner.
2-10 HBW’s warranties are insurance-backed, reinsured by Swiss Re and SCOR Re, two of the world’s largest reinsurers with combined surplus holdings over $4 billion. This financial backing means the warranty coverage survives even if the builder goes out of business. The company has paid out more than $300 million in structural defect claims.
The cost of 10 full years of structural coverage through 2-10 HBW is less than 0.5% of the total purchase price of the home, including the land. The builder pays this cost, not the buyer.
RWC’s No-Fee Automatic Transfers
Residential Warranty Company (RWC) offers one of the most transfer-friendly warranties in the industry. The warranty automatically transfers to subsequent buyers throughout the warranty term with no fees to pay and no forms to complete.
RWC offers over 75 different warranty programs, with coverage customized to each state’s statutes. Their warranty sets clear boundaries — both the builder and homeowner know what is covered, what is excluded, and who pays for repairs. If a dispute arises, RWC provides free mediation services and resolves about 95% of warranty disputes through mediation alone.
Like D.R. Horton’s warranty, RWC’s coverage may be voided by foreclosure. This is a standard provision across most builder warranties.
| Warranty Provider | Transfer Method | Transfer Fee | Foreclosure Clause |
|---|---|---|---|
| D.R. Horton | Automatic | $0 | Voids warranty |
| 2-10 HBW | Fully transferable | $0 | Varies by policy |
| RWC | Automatic | $0 | May void warranty |
Walking Through the Transfer Process Step by Step
Not every builder warranty transfers automatically. Many require the seller or buyer to take specific steps within a strict timeframe. Missing even one step can void the transfer and leave the new buyer without coverage.
Step 1: Gather Your Warranty Documents
The seller needs to locate the original warranty book, the warranty confirmation document, and any correspondence with the builder or warranty company. These documents contain the warranty number, the effective date, coverage details, and — most importantly — the transfer provisions and deadlines.
If the seller cannot find the warranty documents, the first call should go to the builder or the third-party warranty provider. Most providers can look up the warranty using the property address. RWC members can reprint documents through their Warranty Express online portal.
Step 2: Contact the Builder or Warranty Provider
Reach out to the warranty company before closing on the sale. Ask three questions: Is the warranty transferable? What forms are required? What is the deadline? Some warranties require the transfer request within 30 days of closing, while others allow up to 90 days after closing.
Missing the deadline is one of the most common — and most costly — mistakes in the entire process. Once the deadline passes, the warranty provider has no obligation to transfer coverage.
Step 3: Submit the Transfer Request
Most warranty companies have a specific warranty transfer form that both the seller and buyer must complete and sign. The form typically requires documentation of the property transfer, such as a copy of the real estate purchase agreement or closing statement.
Some providers accept the form online, while others require a mailed or faxed copy. Check with the warranty provider for the accepted submission method.
Step 4: Pay Any Transfer Fees
Transfer fees vary by provider. Some charge nothing — D.R. Horton and RWC both offer automatic transfers at no cost. Others charge a small administrative or processing fee that ranges from $25 to $75. A few warranty providers charge higher fees, so read the warranty terms carefully.
The fee is a standard part of the process and cannot be skipped. Failing to pay the fee can halt the transfer, even if all other paperwork is submitted on time.
Step 5: Get Written Confirmation
After submitting the transfer request and paying any fees, demand written confirmation from the warranty provider that the transfer is complete. This confirmation document is proof that the warranty now belongs to the new homeowner. Keep it with the rest of the home’s important documents — mortgage papers, title insurance, and inspection reports.
Three Scenarios That Show How Transfers Work in Real Life
Scenario 1: Selling a Home During the Warranty Period
Meet Sarah. She bought a new-build D.R. Horton home in 2022 with a 1-2-10 warranty. In 2025, she gets a job offer in another state and decides to sell the home. Her warranty has 7 years of structural coverage remaining.
Because D.R. Horton’s warranty automatically transfers to subsequent owners, Sarah does not need to fill out any forms or pay a fee. The buyer, Mark, gets the remaining 7 years of structural coverage the moment he closes on the home.
| What Sarah Does | What Mark Gets |
|---|---|
| Sells the home in Year 3 | 7 years of structural coverage remaining |
| No transfer forms needed | Automatic transfer at closing |
| Provides warranty book to Mark | Full access to warranty claims process |
| No transfer fee required | $0 cost for warranty transfer |
The lesson: Sarah should still give Mark a copy of the warranty book at closing. Even though the transfer is automatic, Mark needs the documentation to file any future claims.
Scenario 2: Buying a Resale Home With a Hidden Defect
Meet David. He buys a 4-year-old home in Arizona. Six months after moving in, he discovers a major crack in the foundation that was hidden behind drywall. The original builder did not provide a transferable express warranty. David wonders if he has any recourse.
Because David lives in Arizona, he is protected by the implied warranty of habitability. The Arizona Supreme Court has ruled that builders cannot waive this warranty. The foundation crack is a latent defect — hidden and not discoverable through a normal home inspection. David can file a claim against the builder.
| What David Faces | What the Law Provides |
|---|---|
| Foundation crack found 4 years after construction | Implied warranty of habitability applies |
| No express warranty was transferred | State law protects subsequent buyers |
| Defect was hidden behind drywall | Latent defect — longer statute of limitations |
| Builder denies responsibility | Court precedent (Zambrano) blocks waiver |
The lesson: David’s outcome would be different in Pennsylvania, where the Supreme Court ruled implied warranties do not extend to subsequent buyers without privity of contract.
Scenario 3: A Builder Refuses to Honor the Transferred Warranty
Meet Lisa. She buys a 2-year-old home in Florida with an RWC warranty. The plumbing system fails 8 months after she moves in — still within the 2-year systems coverage window. She contacts the builder, who tells her, “We only deal with the original buyer.”
The builder is wrong. RWC’s warranty automatically transfers to subsequent buyers with no fees and no forms. Lisa does not need the builder’s permission to use the warranty. She contacts RWC directly, and they open a warranty claim on her behalf.
| What the Builder Claims | What the Warranty Says |
|---|---|
| “We only serve original buyers” | Warranty transfers automatically |
| “You need to file with the seller” | RWC handles claims for all covered owners |
| “The plumbing isn’t covered” | Systems coverage lasts 2 years from original closing |
| “You missed the transfer deadline” | No deadline — automatic transfer, no forms |
The lesson: If a builder refuses to honor a transferred warranty, go directly to the third-party warranty provider. RWC offers free mediation to resolve disputes between builders and homeowners.
Court Rulings That Reshaped Builder Warranty Transfers
Zambrano v. M & RC II LLC — Arizona (2022)
This Arizona Supreme Court case set a powerful precedent. A homebuyer named Zambrano purchased a new home from builder M & RC II LLC and discovered numerous construction defects. When Zambrano contacted the builder, the company refused to make repairs. Zambrano sued for breach of the implied warranty of habitability.
The builder argued that the purchase agreement contained a waiver of the implied warranty. The Arizona Supreme Court rejected this argument. The court held that public policy protecting homebuyers from defective homes outweighs the builder’s interest in limiting liability. Builders in Arizona cannot waive the implied warranty of habitability — period.
This ruling has ripple effects for warranty transfers. Because the implied warranty cannot be waived, it arguably follows the home to subsequent buyers. A builder who tries to limit coverage to only the first buyer may face the same public policy argument.
Conway v. Cutler Group — Pennsylvania (2014)
The Pennsylvania case went in the opposite direction. The Pennsylvania Supreme Court held that subsequent purchasers cannot bring a claim against the builder for breach of the implied warranty of habitability because they lack privity of contract.
The lower court (Superior Court) had sided with the buyer, reasoning that public policy should protect subsequent purchasers who rely on the builder’s expertise. The Supreme Court disagreed. It acknowledged the public policy concerns but said the decision to extend implied warranties to subsequent buyers belongs to the legislature, not the courts.
This case shows how different state courts can reach opposite conclusions on the same legal question. In Arizona, public policy wins. In Pennsylvania, privity of contract wins.
| Case | State | Ruling | Effect on Transfers |
|---|---|---|---|
| Zambrano v. M & RC II | Arizona | Builder cannot waive implied warranty | Implied warranty likely follows the home |
| Conway v. Cutler Group | Pennsylvania | Subsequent buyers lack privity | Implied warranty does NOT transfer |
Mistakes That Can Cost You Your Warranty Coverage
Missing the transfer deadline is the most common mistake. Many warranties require a transfer request within 30 to 90 days of closing. If you miss this window, the warranty may become void — and no amount of calling or emailing will bring it back.
Not reading the warranty document before closing is another costly error. Buyers assume the warranty transfers automatically because the seller told them it does. The warranty document may say something different. Read the fine print before you sign the purchase agreement.
Failing to get written confirmation of the transfer leaves you without proof. If you file a claim two years later and the warranty company has no record of the transfer, you have no coverage. Get confirmation in writing and keep it with your closing documents.
Making unauthorized modifications to the home can void a transferred warranty. If the previous owner added a room, converted the attic, or altered the foundation, those changes may invalidate the structural warranty for the affected areas. Ask the seller about any modifications before you close.
Buying a foreclosed home without checking warranty status is a trap. Most builder warranties — including those from D.R. Horton and RWC — contain a clause that voids the warranty in the event of foreclosure. A buyer who purchases a foreclosed home expecting warranty coverage will likely find none.
Not separating builder warranties from manufacturer warranties causes confusion. The builder warranty covers the construction of the home. The manufacturer warranties cover individual products like appliances, HVAC units, and roofing materials. These are separate warranties with separate transfer rules. A builder warranty transfer does not automatically transfer manufacturer warranties.
Builder Warranty Transfer Do’s and Don’ts
| Do ✅ | Don’t ❌ |
|---|---|
| Read the warranty document before closing — transfer terms, deadlines, and fees are all in the fine print | Don’t assume the warranty transfers automatically; many require forms and fees within a strict deadline |
| Contact the warranty provider before closing to confirm the transfer process and timeline | Don’t rely on the seller’s word alone; verify transfer eligibility directly with the warranty company |
| Get written confirmation of the completed transfer and store it with your closing documents | Don’t skip the transfer fee — even a $25 fee can halt the entire process if left unpaid |
| Ask the seller about any home modifications, renovations, or additions that may affect coverage | Don’t buy a foreclosed home expecting warranty coverage; most builder warranties void upon foreclosure |
| File claims promptly within the coverage period — delays can result in denied claims | Don’t confuse builder warranties with manufacturer warranties; they have separate transfer rules |
The Upside and Downside of Transferring a Builder Warranty
| Pros ✅ | Cons ❌ |
|---|---|
| Protects the buyer from expensive structural repairs — claims average $42,500+ | Transfer fees may apply, ranging from $25 to $75 or more depending on the provider |
| Increases resale value — homes with active warranties sell faster and at higher prices | Strict deadlines — missing a 30-day or 90-day window voids the transfer permanently |
| No-cost transfers with major providers like D.R. Horton and RWC | Foreclosure voids most warranties, so buyers of foreclosed homes get no coverage |
| Third-party backing from insurers means coverage survives even if the builder goes bankrupt | Reduced coverage — the new buyer gets only the remaining time, not a fresh warranty |
| Free mediation from providers like RWC resolves 95% of disputes without going to court | State law gaps — states like Pennsylvania do not extend implied warranties to second buyers |
| Covers latent defects that may not show up until years after construction | Unauthorized modifications by the previous owner can void coverage for the new buyer |
FAQs
Are builder warranties always transferable?
No. Most express builder warranties are transferable, but the rules depend on the warranty document and state law. Some states, like Pennsylvania, do not extend implied warranties to subsequent buyers.
Does a builder warranty transfer cost money?
No, not always. D.R. Horton and RWC offer automatic transfers at no cost. Other providers charge a small administrative fee ranging from $25 to $75.
Can a builder refuse to transfer the warranty?
Yes. If the warranty document does not include a transfer provision, the builder has no obligation to extend coverage to a new buyer. Check the warranty terms before closing.
Does a foreclosure void a builder warranty?
Yes, in most cases. D.R. Horton and RWC both include foreclosure clauses that void the warranty. A buyer who purchases a foreclosed home should not expect builder warranty coverage.
How long do I have to transfer a builder warranty?
It varies. Some providers require the transfer within 30 days of closing, while others allow up to 90 days. RWC and D.R. Horton transfer automatically with no deadline.
Do implied warranties transfer to the second buyer?
It depends on your state. Arizona and Texas extend implied warranties to subsequent buyers for latent defects. Pennsylvania does not extend implied warranties without privity of contract.
Does the new buyer get a full 10-year warranty?
No. The new buyer receives only the remaining coverage. If 4 years have passed since the original closing, the new buyer gets 6 years of structural coverage.
Can home modifications void a transferred warranty?
Yes. Unauthorized alterations to the home’s structure — like room additions, loft conversions, or foundation changes — can invalidate the structural warranty for the affected areas.
Is a builder warranty the same as a home warranty?
No. A builder warranty covers construction defects in a new home. A home warranty is a service contract that covers repairs and replacements of household systems and appliances in any home.
What happens if the builder goes out of business?
Coverage continues if the warranty is insurance-backed by a third party like 2-10 HBW or RWC. The insurer takes over as the warrantor for the remaining structural coverage period.
Does the seller have to disclose the warranty to the buyer?
Yes, in most states. Sellers are required to disclose material facts about the property, and an active builder warranty is considered a material fact that affects the home’s value.
Can a builder warranty be extended?
No. Builder warranties cannot be extended past their original term. Once the 10-year structural coverage period expires, it is gone and cannot be renewed or extended.
Do I need a lawyer to transfer a builder warranty?
No. Most transfers are simple enough to handle without a lawyer. Contact the warranty provider, submit the required forms, pay any fees, and get written confirmation.
Are manufactured home warranties transferable?
Yes, in Florida. The new mandatory builder warranty under §553.837 covers manufactured, modular, and factory-built homes, and the warranty must be transferable for at least one year.
What if the warranty document is silent on transfers?
It depends. Courts in many states will examine the warranty’s language and state law. Silence does not automatically mean non-transferable, but it creates uncertainty that may require legal action to resolve.
Related reading
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