12 U.S.C. § 1701j-1 : US Code - Section 1701J-1: Builder's certification as to construction

Search 12 U.S.C. § 1701j-1 : US Code - Section 1701J-1: Builder's certification as to construction

(a) Warranty requirements
The Secretary of Housing and Urban Development is authorized and
directed to require that, in connection with any property upon
which there is located a dwelling designed principally for not more
than a four-family residence and which is approved for mortgage
insurance prior to the beginning of construction, the seller or
builder, and such other person as may be required by the said
Secretary to become warrantor, shall deliver to the purchaser or
owner of such property a warranty that the dwelling is constructed
in substantial conformity with the plans and specifications
(including any amendments thereof, or changes and variations
therein, which have been approved in writing by the Secretary of
Housing and Urban Development) on which the Secretary of Housing
and Urban Development based his valuation of the dwelling:
Provided, That the Secretary of Housing and Urban Development shall
deliver to the builder, seller, or other warrantor his written
approval (which shall be conclusive evidence of such approval) of
any amendment of, or change or variation in, such plans and
specifications which the Secretary deems to be a substantial
amendment thereof, or change or variation therein, and shall file a
copy of such written approval with such plans and specifications:
Provided further, That such warranty shall apply only with respect
to such instances of substantial nonconformity to such approved
plans and specifications (including any amendments thereof, or
changes or variations therein, which have been approved in writing,
as provided herein, by the Secretary of Housing and Urban
Development) as to which the purchaser or homeowner has given
written notice to the warrantor within one year from the date of
conveyance of title to, or initial occupancy of, the dwelling,
whichever first occurs: Provided further, That such warranty shall
be in addition to, and not in derogation of, all other rights and
privileges which such purchaser or owner may have under any other
law or instrument: And provided further, That the provisions of
this section shall apply to any such property covered by a mortgage
insured by the Secretary of Housing and Urban Development on and
after October 1, 1954, unless such mortgage is insured pursuant to
a commitment therefor made prior to October 1, 1954.
(b) Availability of plans and specifications
The Secretary of Housing and Urban Development is further
directed to permit copies of the plans and specifications
(including written approvals of any amendments thereof, or changes
or variations therein, as provided herein) for dwellings in
connection with which warranties are required by subsection (a) of
this section to be made available in their appropriate local
offices for inspection or for copying by any purchaser, homeowner,
or warrantor during such hours or periods of time as the said
Secretary may determine to be reasonable.
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