(Home Owner Warranty) Home warranty bill misguided - Denver Post

A bill working its way through the Colorado House would retroactively alter thousands of existing contracts for recently built homes to give additional rights to homeowners at the expense of homebuilders. Jack Pommer, D-Boulder, is the latest skirmish in a long struggle between lawyer Scott Sullan and Colorado homebuilders - a duel that bids fair to rival the Hundred Years War in duration, though thankfully not in body count. Now Sullan is back with HB 1338, a bill that would strike down as “unconscionable” any clause in a homebuyer’s contract that purports to waive any rights granted under the prior HB 1161. To hear the sponsors tell it, there is something evil about swapping the vague general rights conveyed in implied warranties for the explicit language in express warranties. Instead of unconstitutionally rewriting existing contracts, lawmakers should make sure that any new warranties written for homebuyers specify clear and enforceable rights to protect what for most citizens is the biggest investment they will ever make. read more

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