When Sales Hype
Becomes A
Warranty
by Reina A. Calderon, Esq.
Good builders of new homes are
often proud of their work and zealous
of their reputations. Frequently, when
marketing their services to a new
home buyer, they are tempted to treat
the purchase and sales contract as a
marketing tool. Statements in their
purchase and sales contracts that
promise the new home will he "a first
class dwelling with first class
A statement that the home
will be a "first-class dwelling"
may be construed as an
express warranty.
materials" or constructed "in a
workmanlike fashion" may be
construed by courts as creating express
warranties. These statements have
more than a marketing impact—they
can create legally enforceable
guarantees of workmanship that will
survive, under the