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Q:  “I’m representing a buyer who is interested in purchasing a home that is a new construction.  What kind of warranty is in place to protect my buyer if they discover a problem with the home after they move in?”

A:  New construction homes have a one-year warranty by statute. Virginia Code § 55.1-357 states that in every sale of a new home, the seller guarantees to the buyer that, at the time the buyer takes title or moves in (whichever happens first), the seller and the seller’s agents know of no structural defects about the home or its fixtures that would be considered unacceptable in the industry.  This code section also requires the seller to guarantee that the home has been built in a competent, workmanlike way that meets accepted industry standards and that the warranty extends for a period of one year from the date of transfer of title or the buyer taking possession, whichever occurs first.

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