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Home Warranty Information

Intomm, Inc. dba. Florida Residential Communities, Inc (hereinafter referred to as “FRC”) hereby warrants to the Buyer and his successor’s correction of defects as outlined below for the term herein specified. This Warranty is given to the original homebuyer and automatically is transferred to any subsequent purchaser. This Warranty gives you specific rights and you may also have other rights, which is specifically described in this Limited Warranty. Any implied warranties of consumer products are limited to the same duration as warranties on similar items under this Limited Warranty. Some states do not allow limitations on how long an implied warranty lasts, so that the above limitations may not apply to you.

Your home is warranted for a one year period (the “Warranty Period”) commencing on the day of closing against:
1. Major structural defects.
2. Defects in appliances, equipment and fixtures.
3. Faulty workmanship and materials
4. Defects in wiring, piping, and ductwork in the electrical, plumbing, heating and cooling systems.

Please note the following exclusions:
1. FRC will only warrant that which was sold to you by FRC. There will be no assumed liability for personal property or bodily injury as a result of any construction defect.
2. This warranty is limited to the major and basic structure only. Walkways, patios, driveways, boundary walls, fences and landscaping are not covered.
3. Concrete floors of attached garages are included; however, normal wear and tear or normal deterioration is excluded as is loss or damage not caused by a defect in the construction but that normally categorized as an Act of God.
4. The warranty program also excludes insect damage
5. New homes, no matter how carefully constructed, go through a period of normal settlement and shrinkage. During this period, hairline cracks, shrinkage and warping and other minor matters may occur, such of which is unavoidable. FRC will assume no responsibility for these minor defects.
6. Any damage to the extent that it is caused or made worse by negligence, improper maintenance, or which was the result of the purchaser not taking timely action to minimize the damage.

If a defect occurs in an item which is covered by this Warranty, FRC will repair, replace or pay you the reasonable cost of repairing or replacing this defective item. The choice among repair, replacement or payment is a decision of FRC. The liability of FRC, if any, shall be limited by the terms of this Limited Warranty. Under no circumstances shall FRC be liable for any incidental or consequential damages whatsoever. Some states do not allow the exclusion or limitation of incidental or consequential damages so the above limitations or exclusions may not apply to you.

Steps taken to correct defects shall not extend the time of this warranty.

THIS WARRANTY IS THE ONLY WRITTEN WARRANTY THAT APPLIES TO YOUR NEW HOME. NO CLAIMS FOR VERBAL GUARANTEES OR ANYTHING NOT SPECIFICALLY COVERED IN WRITING OR PART OF THIS GUARANTEE WILL BE HONORED.

STANDARDS
The following is an outline of specific standards that apply to this warranty. No items not specifically listed are covered, nor are any items included by assumption.

Definitions:

Appliances, fixtures and equipment shall include furnaces and air-handling equipment, air conditioning equipment, water heaters, kitchen appliances, garage door operators, laundry equipment, plumbing fixtures and their fittings, lighting fixtures, circuit breakers and switches.

THE WARRANTY PERIOD FOR APPLIANCES< FIXTURES AND EQUIPMENT BY THE BUILDER IS ONE YEAR. On some items, the manufacturer will honor an extended warranty. These guarantees are covered in the product literature supplied to you at closing. Any manufacturer guarantee is exclusive of that offer under this warranty.

Workmanship and Materials
The following is a discussion of potential problems that may develop within your new home. Rather than by category, the problems have been outlined in alphabetical order so that you may be able to more readily identify these problems, their solutions, or potential action required.

Air Conditioning/ Heating (HVAC)
The following problems, relative to HVAC, may arise:
(1)Inadequate heating; (2) inadequate cooling (3) inadequate air distribution. The adequacy of temperature range is measured by criteria that have been historically established to be within acceptable parameters. For heating, there should be a minimum of a 40o spread capability between the exterior temperatures and the interior of the house, s measured at a five-foot height in the center of the room. For cooling, with an exterior temperature of 94o Fahrenheit, the interior cooling capability should be a maintenance of no less than 78o Fahrenheit. Should exterior temperatures rise above 94o, the minimum attainable spread should be no less than 15o in the interior, as measured at a five-foot height in the center of the room. However, under no circumstances will FRC guarantee these temperature spreads in the even that air handler filters are not replaced based on manufacturers recommended schedules, or as needed, or if cooling coils are allowed to become coated with foreign debris. You may find that many nominal HVAC problems can be avoided by the simple replacement of the air filters.

FRC also warrants that adequate air circulation will be attainable so long as the return air grills are not blocked by furniture or other artificial obstructions, and air is allowed to circulate uninhibited through the dwelling units. However, unequalization of temperatures in vaulted spaces, due to the rising of warm air or the settling of cool air, is to be nominally expected. Air balance criteria will be employed to minimize such distortions.

Cabinets

While certain variations may exist, in cabinets are generally constructed by the use of a durable laminate such as a manufactured vinyl or mica laminated on to either a plywood, pressed wood, white wood, or some other acceptable base. Proper maintenance and attention will guarantee years of acceptable and attractive use. However, the two problems that may arise from defective cabinets may be the cracking or delamination of the cabinet top, and the potential warpage of cabinet drawers or doors. FRC will warrant that any delamination from normal use will be repaired. We cannot, however, be responsible for cracks or chips. This can only occur from abnormal use of material, such as impact by a heavy object, placement of a hot pot or other article directly onto the covering, cutting directly on the material by a knife or other sharp instrument. Delamination resulting from water exposure to seams for excessive periods of time also will not be covered. While seams are properly sealed upon manufacture and installation, excessive moisture can work its way under the mica and cause delamination. This would most normally occur at 90o joints.

Ceramic Tile

Ceramic tile shall be guaranteed to remain in place and shall not crack. Should either problem occur, FRC will repair or replace one time only. Grouting of corners or seams due to normal shrinkage will only be repaired by FRC one time during the first year of occupancy of the home. An open joint or seam problem may occur from time to time as your home ages. It is important that when such shrinkage cracks do make themselves apparent, that you seal such cracks as soon as possible with any commercial bath area caulking compound. Prolonged exposure of moisture to the tile base material will cause future problems. This is a simple maintenance procedure, no more difficult than changing an air-conditioning filter, just as a reminder, and will go a long way toward guaranteeing you a long trouble-free life in your ceramic tile areas.

It is important to be aware that replacement tiles will have to allow for variations is color or shadings.

Concrete

Problems with concrete generally will show in one of the following areas: (1) cracks in slab floors; (2) unevenness; (3) settling of exterior slabs attached to the house (4) pitting, scaling or spalling.

FRC will warrant and repair any crack which ruptures or damages the finished flooring material such that the repair will not be readily apparent when the finished flooring material is back in place. Such work may be done by patching, capping or refinishing as deemed necessary by FRC. FRC, at its discretion, may also take responsibility for the repair of any damaged finished floor.

In garages, repairs will be made to any cracks that exceed ¼” of displacement. Such repairs will be made by surface patching. However, any cracking that occurs at expansion joints, either in the garage, in the driveway, or in other low locations will not be repaired unless such crack causes a ¼” or grater vertical displacement. Large areas of concrete will crack and the purpose of expansion joints is to control such cracks.

Settling of stoops, steps and garage floors. Corrections will be made if such settling causes a separation of greater than 1” from the house structure. Such repairs may be made by patching, capping or removal/ replacement at our discretion.

When pitting, scaling or spalling of concrete occurs, to the extent that aggregate is in fact exposed and loosened under normal conditions of weathering and use, FRC will repair such deterioration. Normal procedures require a resurfacing, refinishing, patching, or removal and replacement of damaged areas. The decision will be made by FRC as to which procedure is most appropriate. Uneven floor slabs caused by pits, depressions or areas of unevenness exceeding ¼” in any 32” direction, will be repaired by either resurfacing , floating or patching, as deemed necessary by FRC.

Drywall

Drywall complaints may center around two items: (1) imperfections; (2) cracks in interior walls and ceiling surfaces.

A bulge or separation, not exceeding 1/8” in width, will be repaired and repainted to a reasonable match, one time only during the first year. Some paint discoloration may be noticeable due to light exposure of a previously painted area. However, FRC will do its best to match and blend such repairs.

Electrical

The primary problem that arises from electrical deficiencies is: (1) fuses and circuit breaker “kickouts”; (2) outlets, switches and electrical fixture malfunctions. All such problems that may occur within the specified time from of the warranty will be corrected.
However, you should be aware that a “ground fault interrupter” controls wet areas such as bathrooms, garages, and exterior outlets. The GFI is extremely sensitive and may kick out more frequently than normal breakers. Excessive kickouts will be investigated and GFI’s will be replaced if found to be defective.

Exterior Framing

Problems with exterior family will center around (1) quality, or lack thereof, or workmanship’ (2) delamination of siding. In both instances, FRC will promptly repair or replace defective materials and workmanship inadequacies. Once repairs have been made, necessary painting or staining will be done, recognizing that some color variations may occur due to weathering of surrounding materials.

Open or spreading wood joints will not be allowed to exceed 3/8”. This presumes that, in all cases, the exterior trim, masonry, and siding shall be capable of performing the function of exclusion of the outside elements. You will notice, regardless, that spacing between joints will occur due to increase and decrease of moisture content of the building material as a result of temperature conditions.

Fireplaces

Fireplace problems are generally related to the following; (1) insufficient draw; (2) cracked firebrick or mortar joints.

FRC will warrant the installation of prefabricated fireplace equipment. The manufacturer of such equipment warrants the construction and design of the equipment. We will repair, replace and reinstall equipment, as deemed necessary. However, we suggest that because of the air-tight nature of your home, cracking open a door or window will allow for greater draft and ventilation while using your fireplace.

Firebrick and mortar joints exposed to a fire will crack. No additional action is necessary.

Flooring / Carpet

Carpet problems may generally be related to the following: (1) open carpet seems and loose carpet; (2) color fading.

Carpet seams may be visible by virtue of differences in colorations or patterns of carpet. However, carpet seams should not be open nor should carpet come loose from perimeter tack strips under normal conditions of wear. FRC shall take the responsibility for the repair of bad seams and the reattachment of carpet as necessary. However, you will be responsible for any necessary moving of furnishings.

Carpet fading will occur based on exposure to different lights, particularly sunlight entering through a window. Fading occurring from such sources is totally normal. Unusual discoloration or blotching will be investigated conjunctive with the supplier of the carpet and the manufacturer to determine responsibility for abnormalities.

Flooring/ Vinyl

Problems with vinyl make themselves apparent through depression, ridges, bubbling, seam splits or adhesive failures.

Any ridges or depressions greater than 1/8” within a 6”span, as measured by placing a straight edge over the defect and measuring 6” beyond such defect, shall be deemed acceptable. However, should the vinyl be damaged by virtue of a defect in the subfloor, FRC will take the responsibility of repair of the subfloor and repair or replacement of the vinyl at FRC’s option. Any problem resulting from improper workmanship or installation that result in the above-mentioned defects will be corrected by FRC.

Vinyl can be damaged by sliding of furniture or appliances, by cutting or by puncturing. Unless such problems are noted prior to customer occupancy of the house, FRC cannot be responsible.

Some rubber-backed mats can cause the floor to discolor in time; we recommend the use of mat or rug that does not have a rubber or latex backing.

Garage Doors

Inoperative garage doors will be repaired as necessary should they malfunction during normal use. Garage doors, however, are not manufactured, nor are they intended to be weather-tight. Driving rain may allow for water seepage around the edges and bottom of the garage door. Daylight may also be seen upon examination. Unevenness of a concrete slab at the base of the door may be accommodated by the use of a rubber or vinyl trim strip.

Interior Framing
Interior framing problems will show up in the following areas” (1) walls out of plumb; (2) bowed walls; (3) uneven wood floors.

Any wall that is out of plumb over ¼” within a 32” vertical measurement will be corrected. Any floor that has a depression greater than ¼” within a 32” distance running parallel to a joist will be corrected. This will include removal and repair of the finished flooring. However, movement of the furnishings from the area to be repaired will be the responsibility of the homeowner.

Interior and exterior walls may have slight variances on their finished surfaces. Bowing of walls should not detract from or blemish the walls finished surface. Walls will not bow more than ¼” within 32” as measured in either horizontal or vertical displacement. FRC will take the responsibility for the correction and refinishing of any defect that is greater than those parameters.

Interior Trim

Interior trim problems manifest themselves as (1) defects in joints; (2) warpage of interior or passage doors (3) improperly installed trim material.

No joint should have a spacing of greater than 1/8” in width. Additionally, molding spaces should also be no greater than 1/8” from the material unto which they are applied. Such problems can be corrected with caulking or a putty compound. FRC will take the responsibility for that and any necessary repainting.

Interior door warpage will be repaired in the event that such warpage is greater than ¼ “ as measured on a diagonal. Replacement of such defective doors will also entail repainting or restaining of the doors as is necessary.

Exterior door warpage will be handled by repair or replacement should that door warp more than ¼” on the diagonal. Variances between exterior and interior temperatures will cause some movement of the door. Excessive slamming and other abuses of the door may also cause variations in the fit. However, defects which may be identified as occurring under conditions of normal ware and tear will be FRC’s responsibility.

Masonry

Masonry problems are almost exclusively related to cracks or gapping at joints. We will repair any such cracks that exceed 14” in width by pointing and patching by use of stucco, mortar mix or caulking as we deem best. Cracks that do not reach ¼” in width are to be filled by the home-owner and are considered normal home owner maintenance.

Painting

Painting problems arise from: (1) the breakdown of stains or painting on the exterior’ (2) peeling; (3) discoloration or fading. FRC will handle such problems in the event of poor installation or improper impregnation of the surfaces to be painted or stained. Normal fading and weathering are to be expected on all painted and stained surfaces, particularly those with direct sun exposure. The interior painted surfaces will be handled in a like manner. However, interior paint, with the exception of enamel surfaces, is not washable. Scrubbing with a wet rag or sponge, or the use of detergents or abrasives will mar interior painted surfaces. Additionally, touching up such surfaces after more than just the first few weeks of the original installation, or in an unusual temperature extreme, may result in a mismatch from the original material. FRC cannot take the responsibility for such happening.

Mildew or fungus on painted surfaces will not be covered under warranty, except as a result of another responsible defect such as water leakage.

Plumbing

The following items may be categorized as potential plumbing problems; (1) faucet or valve leakage; (2) noisy water pipes; (3) chips and cracks in porcelain or fiberglass plumbing fixture surfaces such as lavatories, tubs and laundry tubs.

Any defects in material or workmanship that allow for plumbing leakage will be repaired or replaced. This coverage will apply to all fixtures, appliances, plumbing trim materials and piping.

Noisy water pipes, such as hammering, will be considered a defect in workmanship and will be repaired. However, all piping in use will emit sounds from the passage of water. Such normal sound does not justify repair.

Damaged fixture surfaces will not be covered by warranty by FRC or its supplier. Any defects or chips must be noted prior to occupancy of the house. Such fixtures can be damages by the dropping of objects, cutting or other abuses. Due to water purification processes, please note that all rubber or vinyl-coated components in plumbing fixtures will have a limited 90-day warranty. Any line stoppage is only warranted for the first 90 days of occupancy.

Roofing

FRC guarantees the installation of all original roof and flashings to be leak-free and weather-protected under all usual conditions. However, we cannot be responsible for unusual acts of nature such as tornadoes, hurricanes or excessive wind related storm conditions. While all materials are quality guaranteed by the manufacturer, FRC will assist in the solution of any quality –related problems.

Site/ Lot/ Grounds

Problems in this category center on the following: (1) poor site drainage; (2) settling of dirt in trenches, foundations and other areas; (3) landscape and dying shrubbery.

FRC will insure that swales or drainage-ways have been established that will not permit ponding water for more than 25 hours after a rain. If drainage areas ace as swales for draining adjacent areas, then 48 hours will be permitted for water dissolution. Should any graded area not meet this parameter, FRC will re-grade and replace original landscaping or sod that is necessary to remove. However, any changes to the drainage patterns that are caused by actions of the owner, any landscaping that is placed in such areas and will require removal in order to repair the areas will be the total responsibility of the owner.

Where dirt was placed in trenches or foundation area and has settled in excess of four inches, FRC will repair and re-landscape such areas. Any owner-installed landscaping over these areas will be the responsibility of the owner for removal and replacement.

FRC can take no responsibility for the condition of shrubbery or trees and sod after the initial walkthrough of the house with the homeowner. If any defective landscaping is not brought to our attention prior to the transfer of ownership, FRC will have no responsibility for the removal or the replacement of such materials that may subsequently die.

Window/ Exterior Doors

Problems that may occur in this category will be as follows: (water leakage around windows and doors due to inadequate calking; (2) mechanical malfunction of the window; (3) exterior door warpage; (4) air leakage around doors.

FRC will guarantee that all windows and door-frames are adequately caulked to prevent leakage under normal weather conditions. Excessive wind-driven rain, constant exposure from sprinklers and unusual weather conditions may allow for normal water entry. In such event, FRC will re-caulk and repair as deemed to be within the normal use requirements. However, even properly installed caulking will ultimately shrink and dry. Normal maintenance requires periodic replacement by the homeowner.

Conjunctive with the supplier, FRC will guarantee proper operations of doors and window, as designated by the manufacturer. Defective windows will be repaired or replaced. Glass and screens are not warranted beyond the initial titling of the house. Any problems in these categories must be pointed to our FRC at the walkthrough.

Exterior door problems will center on leakage of air and warpage. Some air infiltration will always occur around and under exterior doors. However, FRC will adjust doors, thresholds, and weather-stripping to minimize abnormal leakage. In the event the exterior door is warped, and such warpage is greater than ¼” on the diagonal, FRC will remove and replace or repair the door, jamb, or door-stop as is necessary.

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copyright 2004. Florida Residential Communities/ 101 S. Wymore Road Suite 400 Altamonte Springs, FL 32714 (407) 862-3000