New Home Implied Warranty in Florida
When a Florida buyer purchases a newly constructed home, the builder provides an implied guarantee that the home will be habitable, structurally sound, and free from material defects. This implied warranty of habitability exists as a matter of Florida public policy and cannot be waived by contract language.
Covered Defects
The warranty covers material defects affecting habitability:
- Foundation cracking or settlement beyond normal tolerances
- Roof leaks and structural roof failures
- Plumbing leaks, inadequate water pressure, drainage failures
- Electrical defects creating safety hazards or code violations
- HVAC installation or design failures
- Water intrusion through walls, windows, or slabs
- Mold resulting from construction defects (improper moisture barriers)
- Structural framing defects
Cosmetic issues (minor drywall cracks, paint imperfections) are typically covered by express workmanship warranties, not implied warranty claims.
Enforcement Process
- Step 1: Document the defect (photographs, videos, written descriptions)
- Step 2: Notify the builder in writing requesting repair
- Step 3: Serve a Chapter 558 notice of claim (mandatory pre-suit requirement)
- Step 4: Builder responds (15 days) and inspects (30 days)
- Step 5: If unresolved, file suit in circuit court
Available Remedies
- Cost of repair or replacement
- Diminution in property value
- Consequential damages (temporary housing, damaged personal property)
- Attorney fees (in some circumstances)
Time limits: 4-year statute of repose from completion; 10-year outer limit for latent structural defects.
Related Terms
- Implied Warranty of Habitability — Broader habitability doctrine
- Construction Defect — Defective building work
- Implied Warranty — General warranty principles
- Statute of Limitations — Time limits for claims
Barnes Walker New Home Defect Services
Barnes Walker’s litigation attorneys represent new homebuyers in construction defect and implied warranty claims in Manatee, Sarasota, and surrounding counties. Request a legal inquiry for assistance.
Florida Law Reference
Fla. Stat. Ch. 83, Part II
The Florida Residential Landlord and Tenant Act governs lease agreements, security deposits, maintenance obligations, and the eviction process.
Reviewed by the attorneys at Barnes Walker, Goethe, Shea & Robinson, PLLC