Newly Constructed Home Warranties – Section 553.837, Fla. Stat. (2024)

Section 553.837 of the Florida Statutes creates a statutory warranty by the builder of a “newly constructed home” for one year after either the date title is conveyed to the original owner or the date of the initial occupancy of the dwelling, whichever is earlier.  This statutory warranty is available to the homeowner unless superseded by a qualifying express written warranty (discussed further below). 

The Statutory Warranty

The statutory warranty automatically transfers from the initial owner to a subsequent purchaser if the property is sold to a subsequent purchaser within the coverage period.  The statutory warranty must cover all construction defects that result in a “material violation” of the Florida Building Code as that term is used in section 553.84, Florida Statutes, irrespective of whether they are defects of equipment, material, or workmanship; and irrespective of whether the defective materials or work were furnished by the builder itself or by a subcontractor or supplier.  Section 553.84, in turn, defines a “material violation” as “a Florida Building Code violation that exists within a completed building, structure, or facility which may reasonably result, or has resulted, in physical harm to a person or significant damage to the performance of a building or its systems.”  The builder must remedy such defects at its own expense, as well as any damage to the work caused by the remedy of such a defect.

Section 553.837 also creates certain exclusions from the statutory warranty’s coverage.  Specifically, the statutory warranty does not cover:

• • defects of appliances or equipment covered under a manufacturer warranty;
  • normal wear and tear on the newly constructed home;
  • normal house settling within generally acceptable trade practices;
  • any defect caused by work, modification, or repair performed by, or material supplied by, the initial purchaser, a subsequent purchaser, or anyone acting on their behalf other than the builder, the builder’s employees, the builder’s agents, or the builder’s contractors; and
  • any loss or damage to the newly constructed home caused by the initial purchaser, a subsequent purchaser, anyone acting on their behalf, or an act of God outside the builder’s control.

Express Written Warranties that Supersede the Statutory Warranty

In addition to the statutory warranty, section 553.837 also permits a builder to provide an express written warranty for newly constructed homes that supersedes the statutory warranty.  The express written warranty supersedes the statutory warranty if it meets the following conditions:

• • its scope, coverage, and duration are at least as extensive as the statutory warranty;
  • it automatically transfers to a new owner during at least the one-year period, as the statutory warranty does; and
  • if the express written warranty lasts longer than the one-year duration of the statutory warranty, it must specify four things:
    • that the builder is providing a warranty longer than the statute requires;
    • the length of time the express written warranty will last for;
    • whether the express written warranty is transferable beyond the one-year period required of the statutory warranty; and
    • any terms under which the express written warranty may be transferred.

In essence, the statute designates a minimum extent and coverage for builder’s warranties on newly constructed homes, and imposes a statutory warranty on those default terms.  A builder may elect to offer a warranty for a newly constructed home that provides even more coverage than is available under the statutory warranty, provided such warranty also satisfies the other requirements of the statute; but a builder may not elect to provide less coverage than the statutory warranty would provide.