Starting July 1, 2025, Florida will implement a new law requiring builders to provide a mandatory, transferable one-year warranty for newly constructed residential homes. This legislation, Florida Statute §553.837, is designed to cover construction defects in equipment, materials, or workmanship that lead to material violations of the Florida Building Code. The warranty applies to modular, manufactured, or factory-built homes, marking a significant step in homeowner protection.
The warranty period begins from the earlier of the original conveyance of title to the initial owner or the date of initial occupancy. It mandates builders to remedy covered defects at their own expense, including restoring any work damaged during the repair process. However, the warranty does not cover appliances or equipment under a manufacturer’s warranty, normal wear and tear, house settling within accepted trade practices, defects caused by the owner, or damages from natural disasters.
Builders have the option to fulfill this requirement by providing the statutory warranty or an express written warranty that meets or exceeds the statutory minimums and is automatically transferable for at least one year. For warranties extending beyond one year, builders must clearly specify the duration and transferability terms. This law not only enhances consumer protection but also requires builders to reassess their warranty practices and contractual agreements with subcontractors and suppliers to ensure compliance and address potential indemnity obligations.
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