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Ken Lam Realty · T509

SB 800: the new-home defect law

California's "Right to Repair Act." It lists what a new home must not do (leak, crack, short out), how long you have to claim, and the steps you and the builder must follow before anyone goes to court.

Who gives it
The builder, with the original sales papers (§912(g))
Who signs
The buyer initials that they got a copy; so does the builder's sales rep
When
Buying a newly built home from a builder, and later if something goes wrong
Required?
Yes. It's state law for new homes sold under contracts signed on or after 1/1/2003 (§938)
Pages
About 20 pages: Civil Code §§895–945.5, five chapters.

What the law says, chapter by chapter

    Does SB 800 cover your home?

    Who built and first sold the home?
    Are you the first owner?
    Did the builder give you an "enhanced protection agreement"?

    Which deadlines are still open?

    Bought resale? Use the first owner's date from the builder (title report or the first grant deed). Not yours.

    The 10-year clock starts at "substantial completion," not escrow. A title company or the County Recorder can find this date. Blank = we use close of escrow, and your real deadline is probably earlier.

    years
    —

    All SB 800 time limits for this home

    Dates are the last day to file, counted from the law's start date. Tolling rules (§941(e), §927) can add time; nothing here shortens it. Talk to a construction-defect lawyer well before any date.

    Your claim, step by step

    Builder asks for a second inspection?
    When the repair offer comes, you

      These are the latest dates if each side uses all its time. Days are calendar days. If the builder misses any of its dates, you are released from the process and may file suit (§§915, 916(d), 920, 930). A last day on a weekend or holiday may roll to the next business day, but don't count on it.

      Did you get it right?

      What many people get wrong

      Next steps

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