New Construction Condo Warranties in Florida: What Buyers Are Protected By

Florida provides statutory warranty protections for buyers of new construction condominiums that most buyers do not know about at the time of purchase — and that become relevant in ways they did not anticipate during the first few years of ownership. Understanding these protections before you take delivery is more useful than discovering them after you need them.

Florida’s Statutory Warranties

Under the Florida Condominium Act (Chapter 718) and related provisions, sellers of new construction condominiums in Florida provide implied warranties on the following:

Roofs, load-bearing walls, foundation, fireproofing, plumbing, electrical systems, and HVAC systems: three-year warranty against major structural defects from the date of closing.

All other components of the condominium unit and building: one-year warranty against defects in workmanship from the date of closing.

These warranties apply regardless of what the developer’s purchase contract says about limiting liability. Florida courts have held that the statutory warranties cannot be fully disclaimed in the purchase contract — though developers frequently include contract language attempting to limit their scope, which is why having a Florida real estate attorney review the contract before signing matters.

What Is and Is Not Covered

The structural warranty covers defects that affect the load-bearing capacity of the building. A crack in a non-load-bearing wall is typically a one-year workmanship issue, not a three-year structural issue. A settlement crack in the foundation, a leak in the roof membrane, or a plumbing system failure in the first three years is typically a three-year structural issue.

What is explicitly not covered: normal wear and tear, cosmetic issues that do not affect function, damage caused by the owner or their tenants, and defects that existed but were known to the buyer at the time of closing. This last point is why documenting your pre-closing walk-through punch list comprehensively matters — if you identified an issue at the walk-through and the developer acknowledged it in writing, the warranty clock on that item started at closing. If you did not identify it, you may have a harder time establishing that it existed before you took possession.

The Pre-Closing Walk-Through

The pre-closing walk-through is the single most important warranty-related action a buyer can take. It is your opportunity to identify everything that is incomplete, incorrect, or defective before you close. Everything you identify should be documented in a written punch list that is signed by both you and a developer representative. The developer is then obligated to complete the punch list items — either before closing or within a specified period after closing, as agreed in writing.

What to look for during the walk-through: paint quality and finish consistency on all surfaces; tile and flooring alignment, lippage, and grout quality; appliance operation and brand verification against contract specifications; window and door operation, weatherstripping, and locking mechanisms; plumbing fixture operation and pressure; HVAC function and thermostat accuracy; electrical outlet and switch operation; and any visible water staining or moisture intrusion.

Bring a professional inspector if you are not confident in your ability to identify construction defects. The cost of an independent inspection is trivial relative to the purchase price, and the documentation it generates is valuable if warranty claims arise.

What Branded Buildings Add

Some branded developments — particularly those with active hotel management brands — include warranty programs that go beyond the Florida statutory minimums. These may include extended warranties on specific systems, dedicated maintenance response teams operating at hotel service standards, and annual inspections of the building’s common systems.

The terms of any developer or brand warranty program should be obtained in writing before closing and reviewed by your attorney. The existence of a brand warranty does not eliminate or replace the Florida statutory warranties — it supplements them. If a brand warranty is narrower in scope than the statutory warranty, the statutory warranty still applies.

What to Do If a Defect Appears After Closing

If you discover a construction defect after closing, notify the developer in writing immediately — email is fine but should be followed by formal written notice through your attorney. Document the defect with photographs, video, and a written description. Do not attempt to repair the defect yourself or engage a third-party contractor until the developer has responded to your warranty claim in writing — unauthorized repairs can complicate your warranty claim.

If the developer disputes the warranty claim, Florida provides mechanisms for resolution including mediation, arbitration, and litigation. Given the costs involved, most warranty disputes involving genuinely material defects in a luxury new construction building end in settlement.

HL Real Estate Group recommends that all buyers engage a Florida real estate attorney before closing on any new construction purchase. Contact or call 786.957.7868 for access to current project information and referrals to qualified closing attorneys.

This article is editorial in nature and does not constitute legal advice. Buyers should engage a qualified Florida real estate attorney for advice specific to their transaction.