2007 California Civil Code Chapter 5. Home Roof Warranties

CA Codes (civ:1797.90-1797.96)

CIVIL CODE
SECTION 1797.90-1797.96



1797.90.  This chapter shall apply to all contracts and warranties
for roofing materials used on a residential structure, including, but
not limited to, a manufactured home or mobilehome, and to all
contracts and warranties for the installation, repair, or replacement
of all or any portion of the roof of a residential structure,
including, but not limited to, a manufactured home or mobilehome.



1797.91.  Any contract for roofing materials, or for the
installation, repair, or replacement of all or any portion of the
roof of a residential structure, including, but not limited to, a
manufactured home or mobilehome, shall be in writing if the contract
includes any warranty of the materials or workmanship that extends
for any period of time beyond completion of the work.



1797.92.  For any contract subject to this chapter that is entered
into on or after January 1, 1994, the warranty obligations shall
inure to the benefit of, and shall be directly enforceable by, all
subsequent purchasers and transferees of the residential structure,
without limitation, unless the contract contains a clear and
conspicuous provision limiting transferability of the warranty.



1797.93.  If any warranty subject to this chapter, uses the term
"lifetime," "life," or a similar representation to describe the
duration of the warranty, then the warranty shall disclose with such
clarity and prominence as will be noticed and understood by
prospective purchasers, the life to which the  representation refers.




1797.94.  Any warranty subject to this chapter, shall inure to the
benefit of, and shall be directly enforceable by, all subsequent
purchasers and transferees of the residential structure, without
limitation, unless the warranty contains a provision limiting
transferability of the warranty.  A provision limiting
transferability shall be set forth at the top of the first page of
the warranty in 14-point boldface type, and shall be enclosed in a
rectangular box in at least 4-point type.
   (b) Any disclosure required by Section  1797.93 shall also be set
forth at the top of the first page of the warranty in 14-point
boldface type, and shall be enclosed in a rectangular box in at least
4-point type.  This disclosure may be included in a disclosure
required under subdivision (a).


1797.95.  A warrantor who provides roof warranties in multiple
states may standardize the warranty to meet warranty requirements of
other states.  However, those standardized warranties shall meet
requirements which are no less than those imposed by this chapter.




1797.96.  Where a warranty subject to this chapter is provided for
the benefit of the purchaser of a newly constructed residential
structure, the seller shall provide the warranty disclosures required
by this chapter to the purchaser prior to the close of escrow.  No
transfer shall be invalidated for failure to comply with this
section.

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