Frequently Asked Questions

If my warranty has expired, does that mean I no longer have a claim against the developer or contractors?

The fact that the builder’s warranty expired does not necessarily mean that you no longer have a claim against the builder or contractors. When you buy a home or condo, the developer often gives you a written warranty. The warranty is usually a “1-2-10” warranty that covers a broad set of potential problems for 1 year, a narrower set of problems for 2 years, and covers a very narrow set of “structural” problems for 10 years. If you have water coming into your home five years after the home was built, the developer or builder may refuse to do anything about it and tell you that your warranty has expired.

South Carolina law provides homeowners with “implied warranties.” This means that even if your builder provides you with a written warranty you should still have warranties provided by law that protect you for periods longer than your written warranty. Builders often try to have you agree to forfeit the warranties provided by law, but there are ways we can fight back and you may still be able to rely on the warranties provided by law. In short, even if the written warranty provided by your builder expired, you should still consult an attorney because your builder may still be liable for problems in your home.


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