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NHBC Warranty & Weird Clause on Seller's Contract

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Comments

  • lefteris
    lefteris Posts: 25 Forumite
    10 Posts Second Anniversary Name Dropper
    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"


    Hi eddddy,

    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.
  • 400ixl
    400ixl Posts: 4,482 Forumite
    1,000 Posts Third Anniversary Name Dropper
    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.
  • lefteris
    lefteris Posts: 25 Forumite
    10 Posts Second Anniversary Name Dropper
    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.
    I see yh that's great thank you for your help on this :-) 
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