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What Texas law actually guarantees, what it doesn’t, and what to ask before you buy your next home.
When you buy a newly built home in Texas, your protection may come from two sources: an implied warranty recognized under Texas law and any written warranty or other protections spelled out in your purchase documents. Understanding the difference will help you know what’s actually covered before you sign.
In Humber v. Morton, 426 S.W.2d 554 (Tex. 1968), the Texas Supreme Court established that when a builder sells a newly built home it carries implied warranty that the home was constructed in a good and workmanlike manner and is suitable for human habitation.
That implied warranty is separate from a builder’s written warranty, which makes it important to read the contract carefully. In G-W-L, Inc. v. Robichaux, 643 S.W.2d 392 (Tex. 1982), the Texas Supreme Court ruled that the implied warranty can be waived through contract language that’s clear and free from doubt.
In other words, don’t assume the word “warranty” tells you everything you need to know. Read all the documents before you sign them, and seek advice from a licensed Texas attorney if you have doubts or questions.
Texas once had a state agency, the Texas Residential Construction Commission, that handled certain new home warranty and construction defect issues. After a 2009 review by the Texas Sunset Advisory Commission, the Legislature did not renew it. The law that created the agency expired on September 1, 2009, and the agency wound down its operations over the following year. No state agency has replaced it.
Today, certain disputes involving residential construction defects are addressed under Chapter 27 of the Texas Property Code, known as the Residential Construction Liability Act. This law establishes a notice and settlement process before a homeowner files a lawsuit over a construction defect. Generally, the homeowner must give the contractor written notice by certified mail, return receipt requested, describing the defect at least 60 days before filing suit. The contractor then has an opportunity to inspect the property and, under the statute’s procedures, offer to repair or otherwise resolve the problem. That process is one reason it’s worth keeping your purchase documents, warranty documents, and records of any problems that arise after closing on a newly built home.
Builder warranties are often organized into categories based on the type of work or component involved. The exact coverage, exclusions, and time periods vary by builder and should be confirmed in writing.
This usually covers defects in materials or installation. Length and terms differ from one builder to the next, so ask what’s covered and for how long before you sign.
This coverage addresses components such as plumbing, electrical, or HVAC systems. Coverage terms vary, so check the written warranty for inclusions, exclusions and claim procedures.
This usually addresses certain structural defects involving major components of the home. Definitions and coverage limits vary by builder, so ask for the actual warranty document rather than a summary.
A new home warranty refers either to a builder’s specific written warranty or to the implied warranty recognized under Texas case law. They’re not necessarily the same thing. A written warranty spells out the builder’s stated coverage, while the implied warranty comes from Texas law and may be affected by the language of the purchase contract.
No. The implied warranty recognized in Humber v. Morton concerns whether a newly built home was constructed in a good and workmanlike manner and is suitable for human habitation. It doesn’t mean every component of a home is guaranteed to remain free from every problem. Your written contract and warranty documents also matter.
Yes. The Texas Supreme Court ruled in G-W-L, Inc. v. Robichaux that the implied warranty can be waived when the contract uses language that is clear and free from doubt. That makes it especially important to read the purchase agreement and related documents before signing.
This information is for general educational purposes and isn’t legal advice. If you have questions about your rights or a specific contract, consult a qualified Texas attorney.
Texas law sets a baseline. Your builder’s written warranty may provide additional terms, so it’s worth knowing exactly what applies to the home you’re buying. Ask about Blossom Homes’ specific warranty coverage during your visit and review the applicable documents before you purchase. See Our Buying Process for what to expect along the way.
