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12 U.S.C. § 1711 — Builder’s certification as to construction
Federal law — U.S. Code and appendices · legal_authorities
**(a) Warranty requirements** The Secretary of Housing and Urban Development is authorized and directed to require that, in connection with any property upon which there is located a dwelling designed principally for not more than a four-family residence and which is approved for mortgage insurance prior to the beginning of construction, the seller or builder, and such other person as may be required by the said Secretary to become warrantor, shall deliver to the purchaser or owner of such property a warranty that the dwelling is constructed in substantial conformity with the plans and specifications (including any amendments thereof, or changes and variations therein, which have been approved in writing by the Secretary of Housing and Urban Development) on which the Secretary of Housing and Urban Development based his valuation of the dwelling: Provided, That the Secretary of Housing and Urban Development shall deliver to the builder, seller, or other warrantor his written approval (which shall be conclusive evidence of such approval) of any amendment of, or change or variation in, such plans and specifications which the Secretary deems to be a substantial amendment thereof, or change or variation therein, and shall file a copy of such written approval with such plans and specifications: Provided further, That such warranty shall apply only with respect to such instances of substantial nonconformity to such approved plans and specifications (including any amendments thereof, or changes or variations therein, which have been approved in writing, as provided herein, by the Secretary of Housing and Urban Development) as to which the purchaser or homeowner has given written notice to the warrantor within one year from the date of conveyance of title to, or initial occupanc
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Source location: Title 12, Chapter 13, § 1711; chapter-013-national-housing.md
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**(a) Warranty requirements** The Secretary of Housing and Urban Development is authorized and directed to require that, in connection with any property upon which there is located a dwelling designed principally for not more than a four-family residence and which is approved for mortgage insurance prior to the beginning of construction, the seller or builder, and such other person as may be required by the said Secretary to become warrantor, shall deliver to the purchaser or owner of such property a warranty that the dwelling is constructed in substantial conformity with the plans and specifications (including any amendments thereof, or changes and variations therein, which have been approved in writing by the Secretary of Housing and Urban Development) on which the Secretary of Housing and Urban Development based his valuation of the dwelling: Provided, That the Secretary of Housing and Urban Development shall deliver to the builder, seller, or other warrantor his written approval (which shall be conclusive evidence of such approval) of any amendment of, or change or variation in, such plans and specifications which the Secretary deems to be a substantial amendment thereof, or change or variation therein, and shall file a copy of such written approval with such plans and specifications: Provided further, That such warranty shall apply only with respect to such instances of substantial nonconformity to such approved plans and specifications (including any amendments thereof, or changes or variations therein, which have been approved in writing, as provided herein, by the Secretary of Housing and Urban Development) as to which the purchaser or homeowner has given written notice to the warrantor within one year from the date of conveyance of title to, or initial occupancy of, the dwelling, whichever first occurs: Provided further, That such warranty shall be in addition to, and not in derogation of, all other rights and privileges which such purchaser or owner may have under any other law or instrument: And provided further, That the provisions of this section shall apply to any such property covered by a mortgage insured by the Secretary of Housing and Urban Development on and after October 1, 1954, unless such mortgage is insured pursuant to a commitment therefor made prior to October 1, 1954.
**(b) Availability of plans and specifications** The Secretary of Housing and Urban Development is further directed to permit copies of the plans and specifications (including written approvals of any amendments thereof, or changes or variations therein, as provided herein) for dwellings in connection with which warranties are required by subsection (a) of this section to be made available in their appropriate local offices for inspection or for copying by any purchaser, homeowner, or warrantor during such hours or periods of time as the said Secretary may determine to be reasonable.
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Federal law — U.S. Code and appendices · legal_authorities
### Statutory Notes
#### Codification
Section, which placed restrictions on loans, was from the Independent Offices Appropriation Act, 1953, act July 5, 1952, ch. 578, title III, § 301, 66 Stat. 415, and was not repeated in subsequent appropriation acts.
#### Similar Provisions
Similar provisions were contained in Aug. 31, 1951, ch. 376, title IV, § 401, 65 Stat. 287.
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Federal law — U.S. Code and appendices · legal_authorities
Page 570
TITLE 12—BANKS AND BANKING
§ 1711
sections 1713, 1748b, and 1750c of this title] shall not
apply in any case where the mortgage involved was in-
sured or the commitment for such insurance was issued
prior to the effective date of the Housing Act of 1954
[Aug. 2, 1954].’’
REGULATIONS
Pub. L. 104–134, title I, § 101(e) [title II, § 221(c)(1)],
Apr. 26, 1996, 110 Stat. 1321–291, provided that: ‘‘Not
later than 30 days after the date of enactment of this
Act [Apr. 26, 1996], the Secretary of Housing and Urban
Development shall issue interim regulations to imple-
ment section 407 of the Balanced Budget Downpayment
Act, I [Pub. L. 104–99, amending this section and sec-
tion 1715u of this title and enacting provisions set out
as a note above], and the amendments to the National
Housing Act made by that section.’’
Pub. L. 104–99, title IV, § 407(d), Jan. 26, 1996, 110 Stat.
46, which directed the Secretary of Housing and Urban
Development to issue interim regulations to implement
section 407 of Pub. L. 104–99 and amendments made by
that section (amending this section and section 1715u of
this title and enacting provisions set out as a note
above) not later than 60 days after Jan. 26, 1996, was re-
pealed by Pub. L. 104–134, title I, § 101(e) [title II,
§ 221(c)(2)], Apr. 26, 1996, 110 Stat. 1321–257, 1321–291; re-
numbered title I, Pub. L. 104–140, § 1(a), May 2, 1996, 110
Stat. 1327.
Pub. L. 100–628, title X, § 1064(c), Nov. 7, 1988, 102 Stat.
3275, provided that: ‘‘In developing regulations to carry
out the amendments made by this section [amending
this section], the Secretary of Housing and Urban De-
velopment may delegate to mortgagees the authority
to make determinations on behalf of the Secretary, and
the Secretary shall rely on certifica
Source: Supplied 2024 U.S. Code historical extraction · 12 U.S.C. § 1711
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