Legal Question in Real Estate Law in California

I recently purchased a home which had FHA required repairs done during escrow, which were paid for by the seller (FANNIE MAE). Many of these repairs are not building code compliant. I'm in California.

Does the 4 year warranty required of the repair (General) contractor by the State of California transfer to me as the new owner?

I'm a general contractor myself, and I would think the warranty transfers to whomever owns the property, but I'm on the verge of legal action and I need codes at this point.


Asked on 4/13/12, 12:06 am

1 Answer from Attorneys
Bryan Whipple Bryan R. R. Whipple, Attorney at Law

There are (at least) three kinds of warranties found or implied in construction contracts -- express, implied and statutory.

For a good general discussion of warranty-related issues in construction contracts, I suggest looking at "California Construction Contracts and Disputes" at your county law library (every county has at least one; often at or near the courthouse). See sections 3.129, 3.130, and 8.13 through 8.29.

As to a contractor's liability to third parties such as a "remote buyer" (you), see 8.30; you may be limited to suit on an express warranty but have no standing to sue on an implied warranty (citing Fieldstone Co. v. Briggs Plumbing Products (1997) 54 Cal.App.4th 357.

There are codes covering construction warranties, some rather general, others maybe too specific to cover your situation. You might look into the statutory warranties discussed in CCC&D at section 8.18.

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Answered on 4/13/12, 11:22 am


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