07/02/2024
On May 28, 2024, Governor DeSantis signed HB 481 into law. Effective July 1, 2024, the law provides for the following:
When residential real property that includes a heating, ventilation, and air-conditioning (HVAC) system is conveyed to a new owner on or after July 1, 2024, a manufacturer’s warranty in effect for the system (or a component of the system) is automatically transferred to the new owner and shall continue to be in effect as if the new owner was the original purchaser.
Warrantors for HVAC systems continue to be obligated under the terms of the original manufacturer’s warranty agreement for warranties transferred under this law and may not charge a fee for the transfer of the warranty. However, the transfer of a warranty does not extend the remaining term of the warranty.
A manufacturer’s warranty of a HVAC system or component of the system may not be conditioned upon the registration of the product.
The law removes specific requirements for registration of HVAC systems by contractors licensed under part I of Chapter 489, Florida Statutes.
Additionally, the law requires that:
The full length of a manufacturer’s, distributor’s, or retailer’s warranty of an HVAC system or any component of a system is effective in this state on the date of installation if the system installed by a contractor licensed under chapter 489, Florida Statutes.
If a manufacturer, distributor, or retailer provides a product registration card, the registration card must contain the following information:
The card or form is for the registration of a product.
Failure to complete and return the card or form does not diminish any warranty rights or decrease the warranty length.
Any offered manufacturer’s, distributor’s, or retailer’s warranty for an HVAC system or a component of the system may not be in any way conditioned upon the registration of the product.
For more information regarding this bill, please see the full bill text.
HB 623 – General, Building, and Residential Contractors
On April 15, 2024, Governor DeSantis signed HB 623 into law. The law protects new home buyers by requiring builders to provide a mandatory builder warranty for newly constructed homes. For more details on the requirements for mandatory builder warranties please review the new law here: Chapter 2024-95, Laws of Florida. The new law will go into effect on July 1, 2025.
HB 939 – General, Building, Residential, and Roofing Contractors
On May 2, 2024, Governor DeSantis signed HB 939 into law. Effective July 1, 2024, the law provides for the following:
Grants residential property owners the authority to cancel a contract to replace or repair a roof without penalty within 10 days after ex*****on of the contract or by the official start date, whichever comes first, if the contract was entered into because of events that are subject of a declaration of a state of emergency by the Governor of Florida.
Contractors, during a declared state of emergency, must include the following language, in all their contracts immediately before the space reserved for the signature of a residential property owner. Additionally, the language must be at least 18-point font and bolded:
“You, the residential property owner, may cancel this contract without penalty or obligation within 10 days after the ex*****on of the contract or by official start date, whichever comes first, because this contract was entered into during a state of emergency by the Governor. The official start date is the date on which the work that includes the installation of materials that will be included in the final work on the roof commences, a final permit has been issued, or a temporary repair to the roof covering or roof system has been made in compliance with the Florida Building Code.”
The residential property owner must send the notice of cancellation by certified mail, return receipt requested, or other form of mailing that provides proof that the cancellation was sent to the address specified in the contract.
Additionally, the law defines:
“Residential property owner” as a person who holds legal title to the residential real property that is subject of and directly impacted by the action of a governmental entity.
“Official start date” as the date on which work that includes the installation of materials has started, a final permit has been issued, or a temporary repair to the roof covering or roof has been made in compliance with the Florida Building Code.
For more information regarding this bill, please see the full bill text.
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