WHAT IS A WARRANTY?
What is a warranty? Well, there are two types of warranties: 1) Express warranties, those written down and offered to you; and 2) Implied warranties where existing case law creates a legal obligation known as an implied warranty. We will disregard the implied warranties for now and discuss only the written or express warranties. An express warranty is a promise to you that the seller of the thing you are buying will do certain specific things for you if certain specific things happen first. You should know that a warranty is not the only obligation a seller has to you about the thing you bought, but you can be sure that the seller will want you to think it is the ony obligation they have. For instance, almost all home builders have an exclusion as part of their warranty. It describes certain things that the warranty will never cover. An example would be wood destroying insects or termites. If you moved into a new home and then discovered it had termites, any claim under the warranty would be denied. That would not stop you from making a negligence claim because the builder failed to make a pre-treatment for termites or a DTPA claim for representing that the house had characteristics and qualities it did not have, namely, a termite infestation or a propensity for termite infestation.
So remember that the sellers want you to go away when you hear "It's not covered under the warranty." But you don't have to.