Common use of Seller’s Warranty Clause in Contracts

Seller’s Warranty. 7.1 Seller represents and warrants to Buyer that the Lot was or will be developed in substantial conformity with the recommendations of the project engineers and that the Lot is suitable for construction of residential improvements, provided that the improvements are constructed in a manner consistent with the NWCC, Inc. Soils Report, for a period of six (6) months after closing. Buyer shall give written notice of any non-conforming item within ten (10) days after Buyer’s discovery of the defect, provided that such notice must be given within six (6) months after the date of closing. Seller shall have no responsibility with regard to any alleged defects arising or reported more than six (6) months after closing. Provided that notice is timely given, Seller agrees that it will, within a reasonable time, determine whether the alleged defect is covered by the warranty. If so, then Seller shall have six (6) months (weather permitting) to cause the non-conforming workmanship to be remedied by repair of the non-conforming workmanship. If Seller is unable to cure the defect, then Seller will be liable only for actual damages caused as a direct result of the defect.

Seller’s Warranty. 7.1 Seller represents and warrants to Buyer that the Lot was or will be developed in substantial conformity with the recommendations of the project engineers and that the Lot is suitable for construction of residential improvements, provided that the improvements are constructed in a manner consistent with the NWCC, Inc. Soils Report, for a period of six (6) months after closing. Buyer shall give written notice of any non-conforming item within ten (10) days after Buyer’s discovery of the defect, provided that such notice must be given within six (6) months after the date of closing. Seller shall have no responsibility with regard to any alleged defects arising or reported more than six (6) months after closing. Provided that notice is timely given, Seller agrees that it will, within a reasonable time, determine whether the alleged defect is covered by the warranty. If so, then Seller shall have six (6) months (weather permitting) to cause the non-conforming workmanship to be remedied by repair of the non-conforming workmanship. If Seller is unable to cure the defect, then Seller will be liable only for actual damages caused as a direct result of the defect.