Establishment of Florida Homebuyer Protection Act
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This act should provide three opportunities for the builder to remedy a defect that creates a serious safety hazard or substantially impairs the use or market value of the home.
If the builder fails to remedy the problem, the Protection Act should allow the buyer to choose either to:
Receive a comparable replacement home in the same neighborhood
or
Return the home to the builder and receive a refund for the full purchase price of any closing and moving costs.
In either case, the builder must also reimburse the home buyer for:
Reasonable incidental costs resulting from the loss of the use of the home because of the defect
Lost wages resulting from time spent at defect-related appointments with the contractor or the contractor's representative
In addition, certain mandatory disclosers should be also established for the process of buying and selling of homes:
New home builders who replace a home or refund its purchase price, must disclose that information to the home's next buyer
A public record of refunds and replacements should be established through the marking of deeds with statements indicating the home was repurchased or replaced
Finally, the act should also stipulate that:
No person engaged in the construction of new houses may require a purchaser to enter into a mandatory arbitration agreement as a condition precedent to entering into a contract for the purchase of a new house
No person engaged in the construction of new houses may require a purchaser to give up first amendment right to freedom of speech, or of the press; or the right of the people to peaceably to assemble and to petition the Government for a redress of grievances as a condition precedent to entering into a contract for the purchase of a new house
Purchasing of a new home is one of, if not, the biggest investment a family or individual will make in their lifetime. New homeowners should be be able to rest easily knowing that with proper care and maintenance their new home will last for years to come.
Similarly to the Existing Florida Vehicle Lemon Law, establishment of a "Florida Homebuyer Protection Act" would ensure that new homes in Florida are of quality construction, retain their value and keep Florida's families safe.
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Florida Governor Jeb Bush, The Florida State Congress, the Florida Attorney General Charlie Crist and the Florida Division of Consumer Services
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