55 U. Louisville L. Rev. 1 (2017)
Home Warranty Regulation through the Lens of Florida's Home Warranty Statute: Claims, Issues, and Remedies

handle is hein.journals/branlaj55 and id is 7 raw text is: 








HOME WARRANTY REGULATION THROUGH THE LENS
OF   FLORIDA'S HOME WARRANTY STATUTE: CLAIMS,
                      ISSUES, AND REMEDIES



                             Chad G. Marzen*



                               I. INTRODUCTION


     The  purchase  of a home   is often viewed  as one of the most  significant
financial decisions in a person's lifetime.' Amidst   the home  buying  process
and  finding the right home, a homebuyer typically has to navigate decisions
such as choosing   a realtor or broker to assist with the home buying  process2
and trying to obtain the most  competitive  lender financing.3 The  homebuyer
must   also  navigate   through   other   issues  such   as  private  mortgage
insurance,' title insurance,' seller disclosures,' and all of the assorted forms
as part of a closing, including closing disclosure forms.'
     One   of the parts of  the real estate transaction  for the purchase   of a
home   that receives consideration   in many   cases is the seller of the home
providing  to the buyer either a home  warranty  coverage  plan or contributing
to the cost for a buyer  to purchase  a home  warranty.'   The  National  Home



      Assistant Professor of Legal Studies in Business, Florida State University. The author can be
reached at: cmarzen@fsu.edu. To Laura Elizabeth Grice-yours always.
    ' See Ranjeet S. Mudholkar, Buying a House? Here's How to Make the Right Decision, FIRSTPOST
(Aug. 9, 2013, 11:50 AM), http://www.firstpost.com/investing/buying-a-house-heres-how-to-make-the-
right-decision-1019501.html.
    2 See Melissa Rolland, What Happens at a Buyer's Consultation?, HARTFORD COURANT (May 16,
2016, 9:10 AM), http://www.courant.com/real-estate/hc-rop-what-happens-at-buyers-consultation-real-
estate-0519-20160516-story.htmI.
    3 See Alison Paoli, Don't Fallfor These Ten Mortgage Misconceptions, FOX BUS. (May 21, 2013),
http://www.foxbusiness.com/features/2013/05/21/dont-fall-for-these-l 0-mortgage-misconceptions.htmi.
    4 See Brian O'Connell, FHA Versus PMI: Here's the Difference for Your Mortgage, TiESTREET
(May  9, 2016, 3:42 PM), https://www.thestreet.com/story/13563889//f/ha-versus-pmi-here-s-the-
difference-for-your-mortgage.html.
     See Dana Dratch, Six Questions to Ask About Title Insurance, BANKRATE (Dec. 14, 2009),
http://www.bankrate.con/finance/mortgages/6-questions-to-ask-about-title-insurance-2.aspx.
    6 See George Lefcoe, Property Condition Disclosure Forms: How the Real Estate Industry Eased
the Transition from Caveat Emptor to Seller Tell All, 39 REAL PROP. PROB. & TR. J. 193, 196-97
(2004) (generally discussing the evolution from the rules of caveat emptor to mandatory seller
disclosure laws).
    ' See William Gilmartin, Real Estate Agents and the Closing Disclosure (CD), NAT'L Ass'N
REALTORS (Dec. 8, 2015), http://www.realtor.org/articles/real-estate-agents-and-the-closing-disclosure-
cd.
    , See Steve Middendorp, Why You Should Offer a Home Warranty When Selling a House, ANGIE'S
LIST (May 24, 2016), https://www.angieslist.com/articles/why-you-should-offer-home-warranty-when-


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