Mississippi New Home Warranty Act
Did you know as the buyer of a new home you have certain warranties which come with the home? The Mississippi New Home Warranty Act protects homeowners. There are two different home warranties your new home comes with: a six-year warranty and a one year warranty.
Six Year Home Warranty
This warranty is good for six years following the completion date. It covers major structural defects which do not comply with the building standards. Certain things are specifically included in major structural defects:
- Foundation systems and footings;
- Load-bearing walls and partitions;
- Floor systems;
- Roof-framing systems
One Year Home Warranty
This warranty is only good for one year after the home is occupied or the title is transferred. Further, this warranty only covers the home will not have any defects due to a failure to comply with the building standards. While the one year home warranty covers a lot more than the six year variety, it is also a lot shorter.
This is a huge part of the Mississippi New Home Warranty Act. You must provide the builder with proper notice within the one or six year period. Proper notice means you must let the builder know within 90 days of discovering the defect by notifying him or her in writing via certified or registered mail.
Notifying a builder in any other manner may not be enough. But there is one exception. A builder must notify you in writing at the time of your purchase of how and when he or she is to be notified of defects. If a builder fails to do that, then you may get lucky and get a nice extension to your home warranty. Speaking of exceptions…
Exceptions And Exclusions
As the law always provides, there are exceptions and exclusions.
- Defects in outbuildings, unless they house components such as plumbing, electrical, heating, cooling, or ventilation systems which serve the home.
- Recreational facilities (swimming pools)
- Driveways, walkways, patios, etc.
- Damage to real property which is not part of the home.
- Negligence or improper maintenance by anyone other than the builder or those under the builder.
- Failure of anyone other than the builder to comply with warranty requirements of manufacturers of appliances, equipment, or fixtures.
- Damage due to the failure of the owner to maintain adequate ventilation or drainage.
- Loss or damage the owner failed to take prompt action to minimize.
- Defects in materials or work supplied by someone other than the builder.
- Normal wear and tear.
- Loss of damage due to natural events.
- Insect damage and rotting of any kind.
- Mold or mold damage unless caused by the builder’s negligence.
- Failure of the builder to complete the home.
- Consequential damages.
- Soil movement or shifting.
- Defects in electrical, plumbing, heating, air conditioning, or similar fixture not manufactured by the builder so long as the manufacturer provides a warranty regardless of duration.
While the exceptions may seem like they are bigger than the rule, homeowners have significant rights. If you are the purchaser of a home and think you may have a cause of action under the Mississippi New Home Warranty Act, contact The Franks Law Firm, PLLC. We charge a $20.00 consultation fee to discuss your legal issue and your rights.