What’s Covered in a New Construction Home Warranty in Florida?

Purchasing a newly constructed home in Florida is an exciting milestone. However, it's natural to have concerns about potential construction defects and the protection available for your investment. A new construction home warranty offers reassurance by covering specific issues that may arise after moving in. Understanding what’s included and what’s not can help you make informed decisions as a homeowner.

Florida’s New Construction Home Warranty Law

A new construction home warranty is a builder's commitment to address certain defects that may arise after you move in. Starting July 1, 2025, Florida law mandates that builders provide a one-year warranty on newly constructed homes, as outlined in House Bill 623. This warranty covers construction defects related to materials, workmanship, and code violations, ensuring that builders are accountable for the quality of their work.

The warranty applies to single-family homes and multi-unit dwellings up to four units, and it remains in effect for one year from the date of title transfer or occupancy, whichever comes first.

What Does a New Construction Home Warranty Cover?

Understanding the scope of your new construction home warranty helps you know what issues your builder is responsible for addressing. Here's a breakdown of typical coverage areas:

Workmanship and Materials: This includes defects in the quality of construction, such as issues with flooring, drywall, paint, and trim. For example, if you notice uneven flooring or peeling paint due to improper application, these would fall under this category.
Systems: The warranty covers problems with major systems installed by the builder, including plumbing, electrical, heating, and cooling systems. If your HVAC system fails to maintain temperature or your electrical outlets malfunction due to installation errors, the builder is responsible for repairs.
Structural Components: Major structural defects that compromise the home's integrity are covered. This includes issues with the foundation, load-bearing walls, and roof framing. For instance, if you experience significant foundation settling that affects the structure's stability, the builder must address it.

It's important to note that coverage specifics can vary depending on the builder and any additional warranties purchased. Always review your warranty documents carefully to understand the scope of coverage.

What Is Not Covered Under the Warranty?

While a new construction home warranty provides significant protection, there are common exclusions you should be aware of:

Appliances Covered by Manufacturer Warranties: Appliances like refrigerators, ovens, and dishwashers are typically covered by their respective manufacturer warranties, not the builder's warranty.
Normal Wear and Tear: Regular usage leads to wear and tear, such as fading paint or worn carpets, which are not covered under the builder's warranty.
Damage from Natural Disasters or Homeowner Negligence: Damage resulting from events like hurricanes, floods, or homeowner neglect (e.g., failing to maintain gutters) is excluded from coverage.
Issues from Homeowner Modifications or Improper Maintenance: If problems arise due to homeowner-made changes or lack of proper maintenance, these are not the builder's responsibility.

Knowing what's excluded helps you plan for maintenance and protect your investment effectively.

Duration and Transferability of the Warranty

The mandatory builder's warranty in Florida lasts one year from the date of title transfer or occupancy, whichever comes first. This warranty is transferable to new owners if the home is sold within that one-year period, ensuring continued protection.

Some builders may offer extended warranties beyond the mandatory one-year period. These extended warranties should clearly specify the duration and transferability terms. If your builder provides an extended warranty, ensure you understand the coverage details and any conditions that apply.

Steps To Take To Get Warranty Coverage For a Defect

If you discover a defect in your new construction home, it's important to act promptly to ensure the issue is addressed under your warranty. Here are the steps you should follow:

1. Review Your Warranty Documentation

Start by thoroughly reading your warranty documents to understand what is covered and the procedures for filing a claim. This will help you determine if the defect falls within the warranty's scope and the timeframe for reporting issues.

2. Document the Defect

Take clear photographs and detailed notes of the defect, including the date you discovered it. This documentation will be valuable when communicating with the builder and, if necessary, during any dispute resolution processes.

3. Notify the Builder in Writing

Contact the builder as soon as possible, providing a written notice outlining the defect and including your documentation. Be specific about the issue and request a timeline for repairs. Keep a copy of all correspondence for your records.

4. Allow the Builder to Inspect and Repair

The builder may request to inspect the defect to determine the appropriate course of action. Allow access for this inspection and any necessary repairs. Under Florida law, builders are required to address covered defects within a reasonable timeframe.

5. Follow Up as Needed

Follow up with additional written communication if the builder does not respond or fails to make the necessary repairs. If the issue remains unresolved, you may need to seek legal advice or contact the Florida Department of Business and Professional Regulation for further assistance.

6. Seek Legal Advice if Necessary

If the builder fails to remedy the defect or disputes your claim, consider consulting with a legal professional experienced in construction law. They can advise you on your options and help you take appropriate action to enforce your warranty rights.

Secure Your New Home Investment with Florida Realty Marketplace

Understanding the coverage and limitations of a new construction home warranty is key to protecting your investment. From the mandatory one-year warranty required by Florida law to the specific steps for addressing defects, being informed empowers you to take action when necessary. At Florida Realty Marketplace, we recognize the importance of this knowledge and are committed to guiding you through every aspect of the home-buying process.

Our team connects you with seasoned real estate experts with the experience and insight to help you make informed decisions. Whether you're exploring new construction options or evaluating your current home's value, we're here to provide the support you need.

Discover your ideal home with confidence: Find New Construction Homes in Orlando and Davenport. If you're considering selling your current home, take the first step by finding its value—See What Your Home Is Worth.

Call us now at 863-877-1915 to connect with our real estate professionals.

Posted by Florida Realty Marketplace on June 17th, 2025