Does a Builder Warranty Transfer to a New Owner in Florida?

Updated July 06, 2026
6 min read
AISHA

AISHA

Aisha is a content strategist with over 5 years of experience across multiple industries, with a strong focus on real estate marketing. At CFB, she leads content and SEO initiatives designed to improve local visibility, drive high-intent traffic, and support growth.

builder warranty transfer

Key Takeaways

  • Florida's mandatory builder warranty transfers automatically. Under F.S. § 553.837, the one-year statutory warranty follows the home, not the original buyer. If you purchase a home that was built within the last year and has never been occupied, you receive the same warranty protections as the first buyer.
  • Most third-party structural warranties also transfer. Programs like 2-10 Home Buyers Warranty and Quality Builders Warranty allow transfer for the full 10-year structural coverage period, typically at no cost.
  • Check the builder's express warranty for specific transfer terms. The 1-2-10 coverage your builder provides may have different transfer rules for workmanship (year one) versus structural (years three through ten). Read the warranty document before closing.
  • Sellers should disclose warranty status. If you are selling a home that is still under builder warranty, providing the buyer with the warranty documents, the builder's contact information, and any claim history adds value and transparency to the transaction.

QUICK ANSWER

Yes. In Florida, the mandatory one-year builder warranty under F.S. § 553.837 transfers automatically to a new owner if the home is sold within the first year after construction. No paperwork is required from the buyer for this statutory warranty to transfer. Most express builder warranties and third-party structural warranties are also transferable, though some may require the seller to notify the warranty provider. Manufacturer warranties on appliances generally follow the product, not the owner, and transfer by default.

What Florida Law Says About Builder Warranty Transfers

Florida Statute § 553.837, which took effect on July 1, 2025, requires every builder of a newly constructed home to provide a minimum one-year warranty covering construction defects that result in a material violation of the Florida Building Code. The statute explicitly addresses transferability:

Law on Transfers

"A builder shall comply with the requirement to warrant a newly constructed home for the full 1-year period required under this subsection even if the newly constructed home is sold or transferred and is no longer owned by the initial owner." The warranty applies for one year from the earlier of (a) the date of original conveyance of title to the initial buyer or (b) the date of initial occupancy.

This means the clock does not restart when the home changes hands. If the original buyer closes in January 2026 and sells the home in August 2026, the new owner receives the remaining five months of statutory warranty coverage. The transfer happens by operation of law. The new buyer does not need to file paperwork with the builder or a warranty company for this protection to apply.

If a builder provides an express written warranty that exceeds the one-year statutory minimum, the warranty document must specify the duration and any terms regarding transferability beyond the initial year. Most builders in Central Florida who offer the standard 1-2-10 warranty structure include transfer provisions for the full coverage period.

How Each Warranty Type Transfers

When a home changes ownership, multiple warranties may be in play. Each one transfers differently.

Warranty Type

Transferable?

How Transfer Works

Key Conditions

Florida statutory builder warranty

Yes, automatically

Transfers by operation of law when the home is sold within the first year. No paperwork required from the buyer.

Applies to homes never previously occupied. Covers construction defects per Florida Building Code.

Builder's express written warranty (1-2-10)

Usually yes

Varies by builder and warranty provider. May require the seller to notify the warranty company before or at closing.

Some builders restrict structural coverage transfer after year one. Check the warranty document for transfer terms.

Third-party structural warranty (e.g., 2-10 HBW, QBW)

Yes, for the full 10-year term

Transfers automatically in most programs. The new owner contacts the warranty provider to register. No fee in most cases.

Coverage continues under the same terms. The new owner must follow the same claim procedures as the original buyer.

Manufacturer appliance warranties

Usually yes

Coverage follows the product, not the owner. No formal transfer required in most cases.

Original proof of purchase and installation date may be needed for claims.

Home warranty (service contract)

Usually yes, with notice

Seller or agent notifies the warranty company. Provider updates policy to the new owner's name.

May require a small transfer fee. Coverage terms and expiration date stay the same.
builders warranty transfer to the next owner

What Buyers Should Do at Closing

If you are purchasing a home that is still within its builder warranty period, there are a few things to confirm before closing to make sure you receive full protection.

Request the warranty documents. Ask the seller for the original builder warranty, any third-party structural warranty certificate, and the warranty company's contact information. These should be included in the closing package.

Confirm the warranty start date. The statutory warranty period begins on the earlier of the date of original title transfer or initial occupancy. Know when coverage started so you know when it ends.

Check for open or unresolved claims. Ask the seller whether they have submitted any warranty claims and whether those claims have been resolved. Unresolved issues do not disappear at closing. The builder's obligation to repair covered defects continues.

Register with the warranty provider. If a third-party warranty company (like 2-10 Home Buyers Warranty or Quality Builders Warranty) backs the structural coverage, contact them after closing to register as the new homeowner. This ensures you receive claim instructions and any required notices.

Review what is not covered. Builder warranties do not cover normal wear and tear, homeowner-caused damage, appliances under manufacturer warranty, weather damage (covered by homeowner's insurance), or normal settling within accepted trade practices. Understanding these exclusions before you move in prevents confusion later.

what buyers should do at closing

What Sellers Should Do Before Listing

If your home is still under builder warranty and you plan to sell, the warranty is an asset. Highlighting remaining coverage in your listing and disclosures can increase buyer confidence and potentially your sale price.

Gather warranty documents. Locate the builder's express warranty, any third-party warranty certificates, and records of warranty claims you have filed and their outcomes.

Complete any pending warranty work. If you have cosmetic or workmanship issues within the one-year window, submit your claims before listing. It is easier to have the builder address items while you still own the home.

Notify the warranty provider. For third-party warranties, check whether the provider requires a formal transfer notification. Most do not charge a fee, but some require the seller to initiate the process.

Disclose honestly. Florida law requires sellers to disclose known defects. If you have had warranty issues repaired, include that information in your disclosures. Transparency builds trust and reduces post-sale disputes.

Building Homes That Stand Behind Their Warranty

At CFB Homes, warranty coverage is not an afterthought. Every home we build comes with clear warranty documentation and a straightforward process for addressing any issues that arise after closing. Our goal is for you to feel as confident about your home on day 365 as you did on day one.

Schedule a consultation with CFB Homes to learn about our communities, our construction process, and the warranty protections that come standard with every home we build.

Disclaimer

This article is for general informational purposes only and does not constitute legal advice. Florida warranty statutes are subject to legislative amendment. Consult a licensed Florida attorney for advice regarding your specific situation. CFB Homes is a licensed residential builder and is not a law firm, warranty company, or insurance provider.

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Yes. Under F.S. § 553.837, the mandatory one-year builder warranty transfers automatically when the home is sold or transferred within the first year. The builder must honor the warranty for the full one-year period regardless of ownership changes. No additional paperwork from the buyer is required for the statutory warranty to transfer.

No. The one-year statutory warranty period begins on the earlier of the date of original title conveyance or the date of initial occupancy. If the original buyer closes in March and sells in September, the new owner receives the remaining six months of coverage. The clock does not reset.

The builder's express warranty terms may restrict transfer of coverage beyond the statutory minimum. However, the mandatory one-year warranty cannot be waived or limited by contract. Even if the builder's written warranty document says coverage is non-transferable, the statutory protection still applies within the first year.

Yes, in most cases. Major third-party warranty providers like 2-10 Home Buyers Warranty and Quality Builders Warranty offer fully transferable coverage for the entire 10-year structural warranty period. The new owner typically needs to contact the warranty provider to register after closing.

Usually not if substantial builder warranty coverage remains. The builder warranty covers construction defects and the appliances are still under manufacturer warranty. A home warranty becomes more useful after builder and manufacturer coverage expires, typically around year two or three.

 

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