of Construction
U.S. Department of Housing
and Urban Development
Office of Housing
Federal Housing Commissioner
OMB Approval No. 2502-0059
(Expires 01/31/2024)
This information is required to obtain a HUD-insured single family mortgage. Public reporting burden for this collection of information is estimated to average
3 minutes per response, including the time for reviewing instructions, searching existing data sources, gathering and maintaining the data needed, and
completing and reviewing the collection of information. This agency may not conduct or sponsor, and you are not required to respond to, a collection of
information unless that collection displays a valid OMB control number. HUD collects this information to determine the insurability of a mortgage on the
captioned property and may use it to make a final determination as to whether a defect exists and whether the builder must remedy the defect.
Privacy Act Notice: The United States Department of Housing and Urban Development, Federal Housing Administration, is authorized to solicit the
information requested in the form by virtue of Title 12, United States Code, Section 1701 et seq., and regulations promulgated thereunder at Title
12, Code of Federal Regulations. While no assurance of confidentiality is pledged to respondents, HUD generally discloses this data only in response to a
Freedom of Information Act request.
Lender's Name, Address and Phone Number (Include Area Code) Name(s) of Purchaser/Owner
For good and valuable consideration, and in accordance with Section 801 of the Housing Act of 1954, and Public Law 85-857 (38 U.S.C. §
3705), the undersigned Warrantor hereby warrants to the Purchaser(s) or Owner(s) identified in the caption hereof, and to his/her successors or
transferees, that:
The dwelling located on the property identified in the caption hereof is constructed in substantial conformity with the plans and
specifications (including any amendments thereof, or changes and variations therein). Provided however, that this warranty shall apply only to
such instances of substantial nonconformity as to which the Purchaser(s)/Owner(s) or his/her (their) successors or transferees shall have given
written notice to the Warrantor at any time or times within one year from the date of original conveyance of title to such Purchaser(s)/Owner(s)
or the date of initial occupancy, whichever first occurs. Provided further, that in the event (1) the Purchaser(s)/Owner(s) acquired title to the
captioned property prior to the completion of construction of the dwelling thereon, such notice of nonconformity to the Warrantor may be given
any time or times within one year from the date of completion or initial occupancy of such dwelling, whichever first occurs, or (2) where it has
been necessary to postpone improvements, such notice of nonconformity to the Warrantor as to such incomplete items may be given at any
time or times within one year from the date of full completion of each of such items.
The term “dwelling” as used herein shall be deemed to include all improvements or appurtenances set forth in the plans and specifications
upon which the Federal Housing Commissioner or the Secretary of Veterans Affairs has based the valuation of the property, excepting those
constructed by a municipality or other government authority.
The undersigned Warrantor further warrants to the Purchaser(s)/ Owner(s) or his/her (their) successors or transferees, the property against
defects in equipment, material, or workmanship and materials supplied or performed by the Warrantor or any subcontractor or supplier at any tier
resulting in noncompliance with standards of quality as measured by acceptable trade practices. This warranty shall continue for a period of one
year from the date of original conveyance of title to such Purchaser(s) or from the date of full completion of each of any items completed after
conveyance of title. The Warrantor shall remedy, at the Warrantor’s expense, any defect(s) of equipment, material, or workmanship furnished by
the Warrantor. The Warrantor shall restore any work damaged in fulfilling the terms and conditions of this warranty.
If a manufactured (mobile) home was erected on this property, the Warrantor further
warrants that (1) the property (other than the manufactured unit itself) complies with
the submitted cons
truction exhibits; (2) the manufactured home sustained no hidden
damage during transportation and erection; and (3) if the home was manufactured in
separate sections, the sections were properly joined and sealed.
Manufacturer's Name, Address & Phone Number
(Include Area Code)
This warranty shall be in addition to, and not in derogation of, all other rights and privileges which such Purchaser(s)/ Owner(s) or his/her (their)
successors or transferees may have under any other law or instrument, and shall survive the conveyance of title, delivery of possession of the
property, or other final settlement made by the Purchaser(s)/ Owner(s), and shall be binding on the Warrantor notwithstanding any provision to the
contrary contained in the contract of purchase or other writing executed by the Purchaser(s)/ Owner(s) or his/her (their) successors or transferees
heretofore or contemporaneously with the execution of this agreement or prior to final settlement.
This warranty is executed for the purpose of inducing the Federal Housing Commissioner or the Secretary of Veterans Affairs to make, to
guarantee or to insure a mortgage on the captioned property, and the person signing for the Warrantor represents and certifies that he/she is
authorized to execute the same by the warrantor and by his/her signature the Warrantor is duly bound under the terms and conditions of said
warranty. The FHA Commissioner or the Secretary of Veterans Affairs reserves the right to make a final determination as to whether a defect exists
and whether the builder must remedy the defect.
The undersigned Warrantor certifies under penalty of perjury that the property was constructed in compliance with HUD’s Minimum Property
Requirement and Minimum Property Standard or VA’s New Construction or Proposed or Under Construction requirements.
Warrantor
Warrantor's Title
Purchaser(s)' Acknowledgement
Signature of Purchaser
Builder's Name and Address
Builder's Phone Number (Include Area Code)
Purchaser Note: Any notice of nonconformity must be delivered to the warrantor within the period or periods set forth above.
Warning: Anyone who knowingly submits a false claim, or makes false statements is subject to criminal and civil penalties, including confinement for up to 5 years,
fines and civil penalties. (18 U.S.C. 287. 1001 and 31, U.S.C. 3729)
Provide completed copies of this warranty to both the homebuyer and the builder, at closing. Include a copy of this warranty in the case binder when sent to HUD.
Previous editions are obsolete. Combines previous HUD-92544-A. VA form 26-1859 form HUD-92544 (2/2020)
ref. HUD Handbook 4000.1
