Property defects and warranties
New and used protections, contract terms, inspections, and notification periods.
New and used homes carry different defect protections under contract and law; the treatment, notification periods, and remedies are set by the contract and applicable rules, so read the terms, inspect, and note the deadlines within which you must notify a defect.
Key points
- New and used homes have different defect protections.
- The treatment and remedies are set by the contract and applicable rules.
- There are notification periods within which you must report a qualifying defect.
- Inspect before purchase; defect insurance covers specified qualifying defects.
New and used treatment
Defect protections differ between new and used homes. New homes generally carry stronger statutory and contractual protections for specified structural elements, while used-home protections are more limited and depend heavily on the contract terms. In both cases, the treatment of defects (契約不適合責任, the seller’s liability for non-conformity) is set by the contract and applicable rules, so read exactly what is covered, for how long, and what remedy — repair, price reduction, or cancellation — applies.
Inspect and mind the deadlines
Inspect before purchase — an inspection reduces the risk of buying a defect you did not know about, though it does not guarantee no hidden defects. Defect insurance covers specified qualifying defects under defined conditions and can add protection. Crucially, there are notification periods within which you must report a qualifying defect to the seller; missing them can forfeit your remedy. Note these deadlines in your records after closing and act promptly if a problem appears, because the protection is time-limited.
Key points to carry away: New and used homes have different defect protections; The treatment and remedies are set by the contract and applicable rules; There are notification periods within which you must report a qualifying defect; Inspect before purchase; defect insurance covers specified qualifying defects. Use the linked guides and calculators for the full decision, and confirm anything material with the lender, a licensed broker, a judicial scrivener, or a tax accountant before you act.
Who this is for
- New and used-home buyers
- Owners who discover a defect
What this is not
- A legal opinion on a specific defect claim
- Defect protection is time-limited; missing a notification deadline can forfeit your remedy.
Frequently asked questions
What is defect insurance?
Insurance covering specified qualifying defects under defined conditions.
Does inspection guarantee no hidden defects?
No. It reports on what is visible and measurable at the time.