When you are representing the buyer, do you ever insist on the warranties and representations?
More so, we recommend doing this on the commercial end than the residential end. However, we have written warranties and representations into residential real estate contracts from time to time.
On new build homes, you will typically get a warranty from a builder. Then again, in the new builds by a developer or a builder, they very often have contracts that don’t resemble the standard contracts and exclude many things.
We, as attorneys for buyers of new build homes, often are called upon to alter those contracts so that they are not as one-sided for the builder. Many of the contracts of the builder or the developer we have reviewed are very much slanted in favor of the builder or developer.
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