New Florida law imposes warranty requirements on Florida builders starting in 2025
Earlier this week, Florida Gov. Ron DeSantis signed new legislation that will place new warranty requirements on Florida builders. Before reaching the Governor’s desk, the legislation received bipartisan support in both the House and the Senate.
The legislation, which will take effect on July 1, 2025, creates a new section in the Building Code (chapter 553, Florida Statutes) that will require Florida builders to provide a one-year warranty for all newly constructed homes “for all construction defects of equipment, material, or workmanship furnished by the builder or any subcontractor or supplier resulting in a material violation of the Florida Building Code.” However, certain defects—namely those related to “appliances or equipment that are covered under a manufacturer warranty”—do not fall within the scope of the warranty required by the new statute. The statute also provides that builders are not required to warrant (1) “[n]ormal wear and tear,” (2) “[n]ormal house settling within generally accepted trade practices,” (3) work performed by anyone “other than the builder or its employees, agents, or contractors,” or (4) “[a]ny loss or damage” to the home caused by the owner or “an act of God”—i.e., actions “over which the builder has no control.” Builders may choose to satisfy the statutory warranty obligation through an express written warranty so long as such warranty satisfies the requirements of the statute.
If a defect occurs that is within the scope of the statute, the statute provides that “[t]he builder shall remedy [the defect], at the builder’s expense . . . and shall restore any work damaged in fulfilling the terms and conditions of the warranty.” In order to satisfy the warranty requirements under the statute, the builder “may purchase a warranty from a home warranty association provided for under chapter 634.” The builder’s warranty obligation does not expire if the initial owner later sells or transfers the property to a successor owner. Finally, the statute provides that purchasers may bring a civil cause of action against a builder for failing to comply with its obligations under the statute.
If you are a Florida builder and have questions about how to comply with these new statutory requirements, reach out to your contact at Quarles or:
- Melanie Kalmanson: 813-387-0279 / melanie.kalmanson@quarles.com