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Building Act 2004

Consumer rights and remedies in relation to residential building work - Implied warranties

362K: Person may not give away benefit of warranties

You could also call this:

“You can't give up your rights to complain about hidden problems when buying a building.”

You cannot give up your right to take legal action for a breach of the warranties mentioned in section 362I. This means that if someone tries to make you agree not to sue them for breaking these warranties, that agreement won’t be valid. However, there is one exception. If you knew, or should have known, about the breach when you made the agreement, then you might not be able to take legal action for that specific breach.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM6371132.

Topics:
Housing and property > Buying and selling homes
Housing and property > Home safety and repairs
Business > Fair trading
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362J: Proceedings for breach of warranties may be taken by non-party to contract, or

“You can ask for help if a builder breaks a promise, even if you didn't hire them yourself.”

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362L: Remedies for breach of implied warranty, or

“What you can do if your builder breaks their promise about the quality of their work”

Part 4A Consumer rights and remedies in relation to residential building work
Implied warranties

362KPerson may not give away benefit of warranties

  1. A provision of an agreement or instrument that purports to restrict or remove the right of a person to take proceedings for a breach of any of the warranties set out in section 362I is of no effect in so far as the provision relates to a breach other than a breach that was known, or ought reasonably to have been known, by the person to exist at the time the agreement or instrument was executed.

Notes
  • Section 362K: inserted, on , by section 56 of the Building Amendment Act 2013 (2013 No 100).