Buyers considering the purchase of a "new construction" home must be knowledgeable when it comes to the length and type of warranty protection they will receive.  Warranties fall into three general categories:

• Statutory - These are required by state law and protect the consumer by mandating that the builder stands behind the product.  The length can vary from two years for workmanship and materials to ten years for structural defects.
• Implied - These are warranties inferred by legal precedent set in past lawsuits.  Most states have case law to protect against faulty workmanship.  A common implied warranty is the  implied warranty of habitability.  This means the house should be free of defects that would substantially reduce its use adnd enjoyment. 
• Express - These are written warranties provided by the builder.  Often these warranties are written into the sales contract.  Express warranties should not be used by the builder to disclaim implied warranties.  For example the builder may offer a five year warranty on structural defects to "disclaim" a longer implied warranty for the same condition.  In these cases courts usually rule that a disclaimer of implied warranty is void since it defeats the original purpose of the implied warranty.

Express warranties typically only cover the first owner but implied warranties may pass to the second or third owner if they have not expired.  With warranties it is good judgement to have your attorney review the specifics so that there are no surprises down the road.