What Is an Implied Warranty?
An implied warranty is a legal guarantee that arises automatically by operation of law, without being expressly stated in a contract. Florida recognizes implied warranties in both commercial transactions (goods sales) and real estate (new construction), providing buyers with baseline protections that sellers cannot easily eliminate.
Types of Implied Warranties in Florida
- Implied warranty of merchantability (UCC Section 672.314): Goods sold must be fit for their ordinary purpose. A refrigerator must refrigerate; a roof must shed water.
- Implied warranty of fitness for a particular purpose (Section 672.315): When a seller knows the buyer’s specific need and the buyer relies on the seller’s expertise, the goods must be suitable for that purpose.
- Implied warranty of habitability: New residential construction must be free from material defects, structurally sound, code-compliant, and suitable for habitation (Gable v. Silver, 1972).
Implied Warranty in Florida New Construction
Florida’s implied warranty of habitability for new homes provides that the builder guarantees:
- Freedom from defects in materials and workmanship
- Structural integrity and safety for occupancy
- Compliance with the Florida Building Code
- Fitness for the intended residential use
This warranty runs to the original buyer and, under Florida case law, may extend to subsequent purchasers. It cannot be disclaimed in a consumer transaction, though the parties can define specific warranty terms that supplement the implied protections.
Duration and Limitations
- UCC goods: Four-year statute of limitations from delivery (Section 672.725)
- New construction: Varies by defect type; Chapter 558 notice requirements apply within the applicable statute of repose (4 years for latent defects, 10 years for certain structural defects)
- Condominiums: Warranty period runs from completion of common elements or first unit conveyance
Related Terms
- Warranty Deed — Express title guarantee
- Construction Defect — Builder liability for faulty work
- Contract — Express agreement terms
- Breach of Contract — Failure to meet warranty obligations
Barnes Walker Construction and Real Estate Services
Barnes Walker’s attorneys represent buyers and developers in implied warranty disputes for residential and commercial construction in Southwest Florida. Request a legal inquiry for assistance.
Reviewed by the attorneys at Barnes Walker, Goethe, Shea & Robinson, PLLC