Your New Minnesota Home Carries a Ten Year Warranty by Law. The Letter That Keeps It Alive Is Due Six Months After You Notice the Problem.
Every new construction buyer in the Twin Cities gets handed a builder's warranty binder at closing. Almost nobody reads it, and most people do not know that Minnesota law already gave them a warranty before the builder printed anything.
The short version: one year, two years, ten years. One year on workmanship and materials, two years on plumbing, electrical, heating and cooling installation, ten years on major construction defects, all measured against building standards. It is in chapter 327A of Minnesota law, and a builder cannot write it out of your contract.
I'm Lesley The Realtor, and at Dream Homes Minnesota we have buyers closing on new builds in Ramsey, Lakeville and Maple Grove right now, so here is the part that actually decides whether that warranty is worth anything to you.
1. The three clocks, in plain terms
One year: defects from faulty workmanship and defective materials, where the work did not comply with building standards.
Two years: defects from faulty installation of the plumbing, electrical, heating and cooling systems, same standard.
Ten years: major construction defects. This is the structural tier, and it is the one people forget exists.
2. When the clock starts
For a new home, coverage starts when you take possession. For a remodeling project, it starts when the project is finished.
Write that date down somewhere you will find it in year nine. Not in the binder. In the file where you keep your closing statement.
3. The six month letter is the whole ballgame
Here is the provision that quietly ends most claims. You have to notify the contractor in writing within six months of discovering the problem.
Not six months from closing. Six months from when you noticed. Discover a crack in February, say nothing until the following December, and the law has an answer for that, and the answer is no.
So the move is simple. The week you notice something, take dated photos, write a short description of what you see and when you first saw it, and send it to the builder in writing. Email plus certified mail, so you have proof of both the content and the delivery.
4. What happens after you send it
The contractor has 30 days to inspect. After that, 15 days to put a repair offer in writing.
If they do make a written offer, you cannot run straight to court. You have to let 60 days pass or let the dispute resolution process finish first. That sequence is not a formality, and skipping it can cost you the case.
5. What the warranty does not cover
Work the contractor was not responsible for and products they did not supply. Normal wear and tear. Damage caused by someone else's negligence. And anything you did not report within six months of discovering it.
That last one appears on the exclusion list and in the notice requirement, which tells you how seriously the statute means it.
6. It transfers, and that matters if you are buying a resale
The statutory warranties transfer to later buyers of the home. So if you are buying a four-year-old house in Woodbury or Plymouth, the ten year tier may still be live, measured from the original warranty date, not from your closing.
Ask the seller for the original warranty date and the builder's name before you write the offer. On a house built in 2019 or later, that is a real asset you are being handed and nobody mentions it.
7. What we do with this on a new build
We ask for the warranty start date in writing at closing, we tell our buyers to do a walk of the house at month ten and month twenty-two while the one and two year tiers are still open, and we tell them to send the letter the week they see something rather than waiting to see whether it gets worse.
A local example of how the ten year tier earns its keep: a buyer in a newer Lakeville townhome noticed a step crack in a garage slab in the fourth year. One dated email inside six months kept the question open. Four years of silence would have closed it.
Short FAQ
Can the builder make me sign away these warranties? No. They are required by statute in new home construction contracts.
Does the builder's own warranty replace the state one? No. A builder's warranty can add coverage. It cannot subtract what the statute gives you.
What if the builder is out of business? Your options narrow a lot, which is another reason to send the written notice early rather than late. Talk to a construction attorney about who else may be on the hook.
Does this apply to my 1978 split level? No. These are new construction and remodeling warranties. On a resale, your protection comes from the inspection and the seller's disclosure.
Next steps
If you are closing on a new build in the next 60 days, call us and we will give you the two dates to put in your calendar, month ten and month twenty-two, and the short written notice template we hand our buyers.
Lesley The Realtor | REALTOR® | Bridge Realty
651-661-4770
[email protected]
www.dreamhomesminnesota.com
