Bill on New Home Warranties Dead?

From the Rocky Mountain News…
“…in its present form it goes too far in redressing the balance of power.

According to Scott Sullan, a well-known homeowners’ attorney, the bill is needed because builders frequently force their customers to sign waivers forfeiting their right to sue for damages that they should be entitled to collect under the Construction Defect Action Reform Act of 2003.

The bill would effectively void all such waivers as being against public policy. That’s fine, but the builders argue persuasively that the bill goes much farther than that.

First, it would apply not only to future purchase contracts but retroactively, up to six years back. That appears to violate the state constitution’s prohibition against ex post facto laws that would impair existing contracts.

More important, the bill would effectively eliminate the express warranty builders offer home buyers now. By creating “implied,” unspecified warranties, it would turn every little bit of buyer’s remorse into an opportunity to sue…”