2009 California Civil Code - Section 900-907 :: Chapter 3. Obligations

CIVIL CODE
SECTION 900-907

900.  As to fit and finish items, a builder shall provide a
homebuyer with a minimum one-year express written limited warranty
covering the fit and finish of the following building components.
Except as otherwise provided by the standards specified in Chapter 2
(commencing with Section 896), this warranty shall cover the fit and
finish of cabinets, mirrors, flooring, interior and exterior walls,
countertops, paint finishes, and trim, but shall not apply to damage
to those components caused by defects in other components governed by
the other provisions of this title. Any fit and finish matters
covered by this warranty are not subject to the provisions of this
title. If a builder fails to provide the express warranty required by
this section, the warranty for these items shall be for a period of
one year.

901.  A builder may, but is not required to, offer greater
protection or protection for longer time periods in its express
contract with the homeowner than that set forth in Chapter 2
(commencing with Section 896). A builder may not limit the
application of Chapter 2 (commencing with Section 896) or lower its
protection through the express contract with the homeowner. This type
of express contract constitutes an "enhanced protection agreement."

902.  If a builder offers an enhanced protection agreement, the
builder may choose to be subject to its own express contractual
provisions in place of the provisions set forth in Chapter 2
(commencing with Section 896). If an enhanced protection agreement is
in place, Chapter 2 (commencing with Section 896) no longer applies
other than to set forth minimum provisions by which to judge the
enforceability of the particular provisions of the enhanced
protection agreement.

903.  If a builder offers an enhanced protection agreement in place
of the provisions set forth in Chapter 2 (commencing with Section
896), the election to do so shall be made in writing with the
homeowner no later than the close of escrow. The builder shall
provide the homeowner with a complete copy of Chapter 2 (commencing
with Section 896) and advise the homeowner that the builder has
elected not to be subject to its provisions. If any provision of an
enhanced protection agreement is later found to be unenforceable as
not meeting the minimum standards of Chapter 2 (commencing with
Section 896), a builder may use this chapter in lieu of those
provisions found to be unenforceable.

904.  If a builder has elected to use an enhanced protection
agreement, and a homeowner disputes that the particular provision or
time periods of the enhanced protection agreement are not greater
than, or equal to, the provisions of Chapter 2 (commencing with
Section 896) as they apply to the particular deficiency alleged by
the homeowner, the homeowner may seek to enforce the application of
the standards set forth in this chapter as to those claimed
deficiencies. If a homeowner seeks to enforce a particular standard
in lieu of a provision of the enhanced protection agreement, the
homeowner shall give the builder written notice of that intent at the
time the homeowner files a notice of claim pursuant to Chapter 4
(commencing with Section 910).

905.  If a homeowner seeks to enforce Chapter 2 (commencing with
Section 896), in lieu of the enhanced protection agreement in a
subsequent litigation or other legal action, the builder shall have
the right to have the matter bifurcated, and to have an immediately
binding determination of his or her responsive pleading within 60
days after the filing of that pleading, but in no event after the
commencement of discovery, as to the application of either Chapter 2
(commencing with Section 896) or the enhanced protection agreement as
to the deficiencies claimed by the homeowner. If the builder fails
to seek that determination in the timeframe specified, the builder
waives the right to do so and the standards set forth in this title
shall apply. As to any nonoriginal homeowner, that homeowner shall be
deemed in privity for purposes of an enhanced protection agreement
only to the extent that the builder has recorded the enhanced
protection agreement on title or provided actual notice to the
nonoriginal homeowner of the enhanced protection agreement. If the
enhanced protection agreement is not recorded on title or no actual
notice has been provided, the standards set forth in this title apply
to any nonoriginal homeowners' claims.

906.  A builder's election to use an enhanced protection agreement
addresses only the issues set forth in Chapter 2 (commencing with
Section 896) and does not constitute an election to use or not use
the provisions of Chapter 4 (commencing with Section 910). The
decision to use or not use Chapter 4 (commencing with Section 910) is
governed by the provisions of that chapter.

907.  A homeowner is obligated to follow all reasonable maintenance
obligations and schedules communicated in writing to the homeowner by
the builder and product manufacturers, as well as commonly accepted
maintenance practices. A failure by a homeowner to follow these
obligations, schedules, and practices may subject the homeowner to
the affirmative defenses contained in Section 944.


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