A Texas new construction warranty covers whatever the builder’s written warranty says, and the terms vary by builder. Many national builders use a “1-2-10” structure: 1 year for workmanship, 2 years for mechanical systems, and 10 years for major structural items. Texas law adds a required notice-and-repair process before you can sue a builder over a defect. Here’s how to read the warranty before you sign and how to file a claim after you close.
Brock Bremmer | U.S. Air Force Reserves Veteran | Real Estate Agent | eXp Realty | San Antonio Metro Area
New Construction Specialist
Also see: New Construction Inspections | VA Loans on New Construction | New Construction Financing
Does Texas Require Builders to Give a Written Warranty?
Not as a general rule. Texas doesn’t have a state law that sets one standard warranty for every new home, so the builder’s own document controls most of your coverage. The state’s promulgated contracts make this clear. The TREC New Home Contract (Incomplete Construction) says that, except as stated in the contract, a separate writing, or as provided by law, the seller makes no other express warranties. It also says the seller will assign all assignable manufacturer warranties to the buyer at closing.
Many builders in San Antonio, New Braunfels, and Boerne use their own contract forms instead of the TREC form. Either way, ask for the full warranty booklet before you sign, not just the summary on the website.
What Does a Typical Builder Warranty Cover?
Here’s how two large builders active in the San Antonio area describe their coverage:
| Coverage | Lennar (1-2-10 limited warranty) | Perry Homes (Express Limited Warranty, effective 4/1/26) |
| Workmanship and materials | 1 year | 2 years from closing |
| Plumbing, electrical, HVAC | 2 years (mechanical and systems) | 2 years from closing (delivery systems) |
| Major structural components | 10 years | 10 years from closing |
| Habitability or items not otherwise listed | Not listed on summary page | 10 years from closing |
| Landscaping | Not listed on summary page | 30 days for most landscaping |
Perry’s warranty also lists 60 days of coverage for work performed under the warranty. Lennar notes its terms are shorter in Colorado and Utah, which doesn’t affect Texas buyers. Appliances, water heaters, and similar items usually carry their own manufacturer warranties, which the builder assigns to you.
The headline years are only part of the story. Read these sections closely:
- Definitions: What counts as a “major structural component” or a “defect,” and what the builder treats as normal settling or cracking
- Exclusions: Damage from drainage changes you make, landscaping, lack of maintenance, or weather events
- Claim deadlines: Perry’s warranty, for example, says any claim must be brought within two years and one day from when the cause of action accrues, and presumes that date is closing unless proven otherwise
- Dispute resolution: Perry’s warranty sends disputes to binding arbitration. Its Texas addendum says Chapter 27 of the Texas Property Code still applies in arbitration
- Waivers: Look for language that limits damages or disclaims implied warranties
What About Implied Warranties in Texas?
Texas courts recognize two implied warranties on new homes: good workmanship and habitability. In Centex Homes v. Buecher (2002), the Texas Supreme Court held that a builder can replace the implied warranty of good workmanship only when the contract spells out how the work will be performed and to what quality. The implied warranty of habitability generally can’t be waived, except for defects the buyer knows about.
That’s why builder warranties are long and detailed. If a defect falls into a gray area, talk with a Texas real estate attorney. Your agent can’t give you legal advice on a claim.
How Do You File a Warranty Claim in Texas?
Start with the builder’s own warranty process: an online portal, email, or written request, plus any scheduled check-ins. Document everything with dates and photos. If a dispute moves toward a lawsuit or arbitration, Chapter 27 of the Texas Property Code, the Residential Construction Liability Act, sets out these steps:
- Written notice: At least 60 days before you file, send the builder written notice by certified mail, return receipt requested, describing the defects in reasonable detail. Include evidence such as photos and expert reports
- Builder inspection: The builder can request to inspect, up to three times, during the 35 days after receiving your notice
- Settlement offer: The builder may make a written offer to repair or pay within 60 days of receiving notice. If you accept a repair offer, the repairs are due within 60 days after the builder receives your acceptance, unless delays are beyond the builder’s control
- Your response: If you think the offer is unreasonable, you must explain why in writing within 25 days of receiving it
Under the statute, turning down a reasonable offer can limit what you recover later. Health and safety issues are handled faster: the law requires those to be fixed as soon as possible. Texas also requires the contract itself to include a boldface Chapter 27 notice.
What Should You Do Before and After Closing?
- Before you sign: Get the full warranty document and compare it across builders. A 2-year workmanship term and a 1-year term are not the same coverage
- During construction: Hire an independent inspector for pre-drywall and final inspections so problems get fixed before closing. See inspections on new construction
- At closing: Keep the warranty booklet, manufacturer warranties, and your walkthrough list together
- Before the first deadline: Schedule an inspection a few weeks before your workmanship coverage ends, often called an 11-month inspection on a 1-year warranty, and submit everything in writing
Using a VA loan? VA requires its own builder warranty on most new homes, using VA Form 26-1859 or a 10-year insurance-backed plan. The VA new construction guide covers those rules. For what happens at the closing table, watch What Actually Happens on Closing Day When You Buy New Construction in San Antonio.
Frequently Asked Questions: New Construction Warranties in Texas
Is a 1-2-10 warranty standard on Texas new homes?
It’s common but not required. Lennar uses a 1-2-10 limited warranty, while Perry Homes’ warranty effective April 1, 2026, lists 2 years for workmanship and systems and 10 years for structural components. Always read the specific builder’s document.
Do I have to notify the builder before suing over a defect in Texas?
Yes. Texas Property Code Chapter 27 requires written notice by certified mail, return receipt requested, at least 60 days before you file. The builder then has a chance to inspect and make a settlement offer.
Ready to Compare Builder Warranties?
Brock Bremmer with eXp Realty is a U.S. Air Force Reserves veteran who has helped buyers and sellers close 120+ homes across the San Antonio metro. He helps new construction buyers compare builders, warranty terms, and incentives, line up independent inspections, and keep track of walkthrough and warranty deadlines.
- 📞 Call or text: 210-501-5088
- 📧 Email: [email protected]
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Also see: New Construction Inspections | The Texas Option Period | Esperanza in Boerne | Veramendi in New Braunfels
Sources: TREC New Home Contract (Incomplete Construction), Form 23-20; Lennar, 1-2-10 limited warranty (viewed October 25, 2026); Perry Homes, Express Limited Warranty, effective April 1, 2026; Texas Property Code §27.004; Texas Property Code §27.007; Centex Homes v. Buecher, 95 S.W.3d 266 (Tex. 2002); VA Form 26-1859.