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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