NHBC Warranty & Weird Clause on Seller's Contract

lefteris

I am purchasing a new build house with 10 years NHBC warranty although the seller's contract has  this weird clause which I raise with my solicitor has anyone experience that where the developer would void its 2 years responsibility but provide 10 years Buildmark NHBC warrranty?

10.10 We will not be liable to You or any subsequent buyer of the New Home under

the terms of the New Home Warranty Provider’s Certificate in relation to any

defect, error or omission in the construction or completion of the New Home,

save during the 2 year period that We are liable under the terms of the New

Home Warranty Provider’s Certificate and your rights and remedies against Us

will be limited accordingly.

Alderbank

Nothing strange about it at all. That's how the NHBC warranty works.

For the first two years of the warranty the builder agrees to rectify all issues raised by the buyer. These so-called snagging issues are often quite minor like sticking doors or windows, loose skirting boards, etc.
The final 8 years of the warranty, from years 3-10, are dealt with by the NHBC under an insurance guarantee paid for by the builder. That warranty doesn't cover everything, only major structural faults such as the roof blowing off or the walls falling down.

Guarantees aren't statutory and cover just as much as the guarantor decides to cover and no more. They are not like the consumer rights you get when you buy a toaster.

lefteris

Alderbank said:

Nothing strange about it at all. That's how the NHBC warranty works.

For the first two years of the warranty the builder agrees to rectify all issues raised by the buyer. These so-called snagging issues are often quite minor like sticking doors or windows, loose skirting boards, etc.
The final 8 years of the warranty, from years 3-10, are dealt with by the NHBC under an insurance guarantee paid for by the builder. That warranty doesn't cover everything, only major structural faults such as the roof blowing off or the walls falling down.

Guarantees aren't statutory and cover just as much as the guarantor decides to cover and no more. They are not like the consumer rights you get when you buy a toaster.

Hi Alderbank understood but with that clause they don't want to have any liability for the first 2 years then. My concern is that particular clause not how the NHBC warranty is being offered.

user1977

lefteris said:

Alderbank said:

Nothing strange about it at all. That's how the NHBC warranty works.

For the first two years of the warranty the builder agrees to rectify all issues raised by the buyer. These so-called snagging issues are often quite minor like sticking doors or windows, loose skirting boards, etc.
The final 8 years of the warranty, from years 3-10, are dealt with by the NHBC under an insurance guarantee paid for by the builder. That warranty doesn't cover everything, only major structural faults such as the roof blowing off or the walls falling down.

Guarantees aren't statutory and cover just as much as the guarantor decides to cover and no more. They are not like the consumer rights you get when you buy a toaster.

Hi Alderbank understood but with that clause they don't want to have any liability for the first 2 years then.

That isn't what the clause says. It says they're not liable save during (i.e. apart from) that 2 year period.

lefteris

user1977 said:

lefteris said:

Alderbank said:

Nothing strange about it at all. That's how the NHBC warranty works.

For the first two years of the warranty the builder agrees to rectify all issues raised by the buyer. These so-called snagging issues are often quite minor like sticking doors or windows, loose skirting boards, etc.
The final 8 years of the warranty, from years 3-10, are dealt with by the NHBC under an insurance guarantee paid for by the builder. That warranty doesn't cover everything, only major structural faults such as the roof blowing off or the walls falling down.

Guarantees aren't statutory and cover just as much as the guarantor decides to cover and no more. They are not like the consumer rights you get when you buy a toaster.

Hi Alderbank understood but with that clause they don't want to have any liability for the first 2 years then.

That isn't what the clause says. It says they're not liable save during (i.e. apart from) that 2 year period.

Thanks user1977 so my warranty essentially will be 7 years only then and will be able to claim only from year 3 then based on that am I correct?

lefteris

user1977 said:

lefteris said:

Alderbank said:

Nothing strange about it at all. That's how the NHBC warranty works.

For the first two years of the warranty the builder agrees to rectify all issues raised by the buyer. These so-called snagging issues are often quite minor like sticking doors or windows, loose skirting boards, etc.
The final 8 years of the warranty, from years 3-10, are dealt with by the NHBC under an insurance guarantee paid for by the builder. That warranty doesn't cover everything, only major structural faults such as the roof blowing off or the walls falling down.

Guarantees aren't statutory and cover just as much as the guarantor decides to cover and no more. They are not like the consumer rights you get when you buy a toaster.

Hi Alderbank understood but with that clause they don't want to have any liability for the first 2 years then.

That isn't what the clause says. It says they're not liable save during (i.e. apart from) that 2 year period.

Or by this means that the responsible party for the first 2 years will be the builder and not the seller i.e. on my case the local council that sells the new house?

user1977

lefteris said:

user1977 said:

lefteris said:

Alderbank said:

Nothing strange about it at all. That's how the NHBC warranty works.

For the first two years of the warranty the builder agrees to rectify all issues raised by the buyer. These so-called snagging issues are often quite minor like sticking doors or windows, loose skirting boards, etc.
The final 8 years of the warranty, from years 3-10, are dealt with by the NHBC under an insurance guarantee paid for by the builder. That warranty doesn't cover everything, only major structural faults such as the roof blowing off or the walls falling down.

Guarantees aren't statutory and cover just as much as the guarantor decides to cover and no more. They are not like the consumer rights you get when you buy a toaster.

Hi Alderbank understood but with that clause they don't want to have any liability for the first 2 years then.

That isn't what the clause says. It says they're not liable save during (i.e. apart from) that 2 year period.

Thanks user1977 so my warranty essentially will be 7 years only then and will be able to claim only from year 3 then based on that am I correct?

Not sure where you're getting 7 years from? It's as explained by Alderbank. It's the builder for the first 2 years and NHBC for the remainder of the 10 years (though NHBC also picks up earlier if e.g. the builder goes bust).

lefteris

user1977 said:

lefteris said:

user1977 said:

lefteris said:

Alderbank said:

Nothing strange about it at all. That's how the NHBC warranty works.

For the first two years of the warranty the builder agrees to rectify all issues raised by the buyer. These so-called snagging issues are often quite minor like sticking doors or windows, loose skirting boards, etc.
The final 8 years of the warranty, from years 3-10, are dealt with by the NHBC under an insurance guarantee paid for by the builder. That warranty doesn't cover everything, only major structural faults such as the roof blowing off or the walls falling down.

Guarantees aren't statutory and cover just as much as the guarantor decides to cover and no more. They are not like the consumer rights you get when you buy a toaster.

Hi Alderbank understood but with that clause they don't want to have any liability for the first 2 years then.

That isn't what the clause says. It says they're not liable save during (i.e. apart from) that 2 year period.

Thanks user1977 so my warranty essentially will be 7 years only then and will be able to claim only from year 3 then based on that am I correct?

Not sure where you're getting 7 years from? It's as explained by Alderbank. It's the builder for the first 2 years and NHBC for the remainder of the 10 years (though NHBC also picks up earlier if e.g. the builder goes bust).

Sure indeed although  the council (Seller) that is selling this new build house has added this extra clause clearly mentioning that hey won't be liable for the 2 year period that they are liable under the NHBC policy, so to me this translates that I have 10 years warranty policy although the first 2 years the seller/builder won't take any responsibility for defects or so. Am I missing something you think?

10.10 We will not be liable to You or any subsequent buyer of the New Home under

the terms of the New Home Warranty Provider’s Certificate in relation to any

defect, error or omission in the construction or completion of the New Home,

save during the 2 year period that We are liable under the terms of the New

Home Warranty Provider’s Certificate and your rights and remedies against Us

will be limited accordingly.

user1977

You're being rather confusing - is there some other clause in the contract about this? The one you've quoted refers to "the 2 year period that We are liable under the terms of the New Home Warranty Provider’s Certificate".

If you really aren't following this then it might be easier just to wait until you've chatted to your solicitor about it,

lefteris

user1977 said:

You're being rather confusing - is there some other clause in the contract about this? The one you've quoted refers to "the 2 year period that We are liable under the terms of the New Home Warranty Provider’s Certificate".

If you really aren't following this then it might be easier just to wait until you've chatted to your solicitor about it,

They have the following as well:

10.8 In this clause 10 the following expression shall have the following meaning:

“New Home Warranty Provider’s Certificate” means the certificate and/or build

work policy (in each case including any endorsements on such certificate or

policy) which is given by the New Home Warranty Provider following

construction and legal completion of the New Home confirming the New Home

is covered by their Warranty Policy

“Warranty Policy” means the policy of insurance providing a builder warranty

and a period of insurance against certain problems for the New Home and which

is issued by the New Home Warranty Provider

10.9 We will not be liable to You for any defect in or failure or inadequacy of any

article item of equipment or fitting supplied to us by the relevant manufacturer

(whether or not personally selected by You) which is not within the terms of the

New Home Warranty Provider’s Certificate nor shall we be liable to you for any

injury loss or damage arising from any defect in or failure or inadequacy of any

article item of equipment or fitting supplied to Us by the relevant manufacturer

(whether or not personally selected by You)

10.10 We will not be liable to You or any subsequent buyer of the New Home under

the terms of the New Home Warranty Provider’s Certificate in relation to any

defect, error or omission in the construction or completion of the New Home,

save during the 2 year period that We are liable under the terms of the New

Home Warranty Provider’s Certificate and your rights and remedies against Us

will be limited accordingly.

10.11 In the event that there are any works required to remedy defects in the New

Home and/or the Property following legal completion then You will co-operate

with us to allow access to the New Home and/or the Property at reasonable

times with all necessary workmen and equipment and We shall carry out the

works within a reasonable period of time. You shall not be entitled to receive

any compensation in respect of minor defects or in respect of works which are

carried out to remedy them. This clause will continue to apply on legal

completion.

eddddy

lefteris said:

Sure indeed although  the council (Seller) that is selling this new build house has added this extra clause clearly mentioning that hey won't be liable for the 2 year period that they are liable under the NHBC policy...

They are not saying that.

I wonder if you might be misunderstanding what "save" means in this context? It means "except".

To paraphrase, contract term 10.10 says:

"We will not be liable in relation to any defect, error or omission in the construction or completion of the New Home, save during the 2 year period that We are liable under the terms of the New Home Warranty Provider’s Certificate"

Which means:

"We will not be liable in relation to any defect, error or omission in the construction or completion of the New Home, except during the 2 year period that We are liable under the terms of the New Home Warranty Provider’s Certificate"

Or put another way:

"We will only be liable in relation to any defect, error or omission in the construction or completion of the New Home during the 2 year period that We are liable under the terms of the New Home Warranty Provider’s Certificate"