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NHBC Warranty & Weird Clause on Seller's Contract
Comments
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Hi eddddy,eddddy said: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"
Oh really oh I see now looks I was misinterpreting the clause clearly then if that's the case. Raised that with my solicitor for review as well.0 -
The way I read that clause (and like many it is a bit backwards written).
They are saying they are not responsible for the 10 year warranty except for the first 2 years. Your claim against them is limited to 2 years.
Other way around
They are responsible for the first 2 years but not the final 8 years of the 10 where your claim will be against NHBC.2 -
I see yh that's great thank you for your help on this :-)400ixl said:The way I read that clause (and like many it is a bit backwards written).
They are saying they are not responsible for the 10 year warranty except for the first 2 years. Your claim against them is limited to 2 years.
Other way around
They are responsible for the first 2 years but not the final 8 years of the 10 where your claim will be against NHBC.0
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