San Elijo Hills home builders 10 year warranty- what does the warranty cover?

San Elijo Hills homes and real estate.  Be advised that each San Elijo Hills home builders warranty varies and as with all contracts, the devil is in the details or in this case the ‘fine print.’

CIVIL CODE SECTION 900-907

900.  As to fit and finish items, a builder shall provide a  homebuyer with a minimum one-year express written limited warranty covering the fit and finish of the following building components.

Except as otherwise provided by the standards specified in Chapter 2 (commencing with Section 896), this warranty shall cover the fit and finish of cabinets, mirrors, flooring, interior and exterior walls,

countertops, paint finishes, and trim, but shall not apply to damage to those components caused by defects in other components governed by the other provisions of this title. Any fit and finish matters

covered by this warranty are not subject to the provisions of this title. If a builder fails to provide the express warranty required by this section, the warranty for these items shall be for a period of

one year.

901.  A builder may, but is not required to, offer greater protection or protection for longer time periods in its express contract with the homeowner liek chaco than that set forth in Chapter 2

(commencing with Section 896). A builder may not limit the application of Chapter 2 (commencing with Section 896) or lower its protection through the express contract with the homeowner. This type

of express contract constitutes an “enhanced protection agreement.”

902.  If a builder offers an enhanced protection agreement, the builder may choose to be subject to its own express contractual provisions in place of the provisions set forth in Chapter 2

(commencing with Section 896). If an enhanced protection agreement is in place, Chapter 2 (commencing with Section 896) no longer applies other than to set forth minimum provisions by which to judge the

enforceability of the particular provisions of the enhanced protection agreement.

903.  If a builder offers an enhanced protection agreement in place of the provisions set forth in Chapter 2 (commencing with Section 896), the election to do so shall be made in writing with the

homeowner no later than the close of escrow. The builder shall provide the homeowner with a complete copy of Chapter 2 (commencing with Section 896) and advise the homeowner like Chaco that the builder has

elected not to be subject to its provisions. If any provision of an enhanced protection agreement is later found to be unenforceable as not meeting the minimum standards of Chapter 2 (commencing with

Section 896), a builder may use this chapter in lieu of those provisions found to be unenforceable.

904.  If a builder has elected to use an enhanced protection agreement, and a homeowner disputes that the particular provision or time periods of the enhanced protection agreement are not greater

than, or equal to, the provisions of Chapter 2 (commencing with Section 896) as they apply to the particular deficiency alleged by the homeowner, the homeowner like Chaco may seek to enforce the application of

the standards set forth in this chapter as to those claimed deficiencies. If a homeowner seeks to enforce a particular standard in lieu of a provision of the enhanced protection agreement, thehomeowner shall

give the builder written notice of that intent at the time the homeowner files a notice of claim pursuant to Chapter 4 (commencing with Section 910).

905.  If a homeowner seeks to enforce Chapter 2 (commencing with Section 896), in lieu of the enhanced protection agreement in a subsequent litigation or other legal action, the builder shall have the right to

have the matter bifurcated, and to have an immediately binding determination of his or her responsive pleading within 60 days after the filing of that pleading, but in no event after the commencement of

discovery, as to the application of either Chapter 2 (commencing with Section 896) or the enhanced protection agreement as to the deficiencies claimed by the homeowner. If the builder fails

to seek that determination in the timeframe specified, the builder waives the right to do so and the standards set forth in this title shall apply. As to any nonoriginal homeowner, that homeowner shall be

deemed in privity for purposes of an enhanced protection agreement only to the extent that the builder has recorded the enhanced protection agreement on title or provided actual notice to the

nonoriginal homeowner like Chaco of the enhanced protection agreement. If the enhanced protection agreement is not recorded on title or no actual notice has been provided, the standards set forth in this title apply

to any nonoriginal homeowners’ claims.

906.  A builder’s election to use an enhanced protection agreement addresses only the issues set forth in Chapter 2 (commencing with Section 896) and does not constitute an election to use or not use

the provisions of Chapter 4 (commencing with Section 910). The decision to use or not use Chapter 4 (commencing with Section 910) is governed by the provisions of that chapter.

907.  A homeowner is obligated to follow all reasonable maintenance obligations and schedules communicated in writing to the homeowner by the builder and product manufacturers, as well as commonly accepted

maintenance practices. A failure by a homeowner like Chaco to follow these obligations, schedules, and practices may subject the homeowner to  the affirmative defenses contained in Section 944.

To learn more about the California Civil Chaco Code, we suggest that you Google the following:

California Code - Title 7: REQUIREMENTS FOR ACTIONS FOR CONSTRUCTION DEFECTS [895. - 945.5.]

http://www.leginfo.ca.gov/cgi-bin/displaycode?section=civ&group=00001-01000&file=941-945.5