Legal Question in Real Estate Law in Montana

Builders required warrenties

Is there a required builders warrenty for new residential construction in the state of Montana?

Asked on 10/23/07, 2:14 pm

1 Answer from Attorneys

Valerie Grubich Sullivan, Tabaracci & Rhoades, P.C.

Re: Builders required warrenties

In a word, no. Montana law does not require home builders to provide buyers a warranty. However, there is one exception - if buyer is getting his/her financing through FHA or VA - those agencies require builders to provide a 1 yr. warranty.

Note, MT case law does provide for what is called an "implied warranty of habitability" imposed on new home builders who sell directly to buyers. If the home sold to you is inhabitable (i.e., unlivable due to builder's actions) then you may have remedies against the builder, and this is true even if you are a buyer later in the chain. Should you need an attorney in this matter, we'd be happy to help. Thank you!

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Answered on 10/30/07, 1:08 pm

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