
From the U.S. Code Online via GPO Access
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[Laws in effect as of January 23, 2000]
[Document not affected by Public Laws enacted between
  January 23, 2000 and December 4, 2001]
[CITE: 38USC3705]

 
                      TITLE 38--VETERANS' BENEFITS
 
               PART III--READJUSTMENT AND RELATED BENEFITS
 
              CHAPTER 37--HOUSING AND SMALL BUSINESS LOANS
 
                          SUBCHAPTER I--GENERAL
 
Sec. 3705. Warranties

    (a) The Secretary shall 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 appraised for guaranty or 
insurance before the beginning of construction, the seller or builder, 
and such other person as may be required by the 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) on which the Secretary based the Secretary's valuation of 
the dwelling. The Secretary shall deliver to the builder, seller, or 
other warrantor the Secretary's written approval (which shall be 
conclusive evidence of such appraisal) 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. 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 in 
this section, by the Secretary) as to which the purchaser or home owner 
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. 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. The provisions of 
this section shall apply to any such property covered by a mortgage 
insured or guaranteed by the Secretary on and after October 1, 1954, 
unless such mortgage is insured or guaranteed pursuant to a commitment 
therefor made before October 1, 1954.
    (b) The Secretary shall permit copies of the plans and 
specifications (including written approvals of any amendments thereof, 
or changes or variations therein, as provided in this section) 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, home owner, or 
warrantor during such hours or periods of time as the Secretary may 
determine to be reasonable.

(Pub. L. 85-857, Sept. 2, 1958, 72 Stat. 1206, Sec. 1805; Pub. L. 94-
324, Sec. 7(9), June 30, 1976, 90 Stat. 721; Pub. L. 101-237, title III, 
Sec. 313(b)(1), Dec. 18, 1989, 103 Stat. 2077; Pub. L. 102-54, 
Sec. 15(a)(1), June 13, 1991, 105 Stat. 288; renumbered Sec. 3705, Pub. 
L. 102-83, Sec. 5(a), Aug. 6, 1991, 105 Stat. 406; Pub. L. 103-446, 
title XII, Sec. 1202(a)(2), Nov. 2, 1994, 108 Stat. 4689.)


                               Amendments

    1994--Subsec. (a). Pub. L. 103-446 made technical correction to 
directory language of Pub. L. 102-54, Sec. 15(a)(1)(A). See 1991 
Amendment note below.
    1991--Pub. L. 102-83, Sec. 5(a), renumbered section 1805 of this 
title as this section.
    Subsec. (a). Pub. L. 102-54, Sec. 15(a)(1)(B), substituted 
``appraisal)'' for ``approval)'' in second sentence.
    Pub. L. 102-54, Sec. 15(a)(1)(A), as amended by Pub. L. 103-446, 
substituted ``appraised'' for ``approved'' before ``for guaranty'' in 
first sentence.
    1989--Pub. L. 101-237 substituted ``Secretary'' and ``Secretary's'' 
for ``Administrator'' and ``Administrator's'', respectively, wherever 
appearing.
    1976--Subsec. (a). Pub. L. 94-324 substituted ``the 
Administrator's'' for ``his'' wherever appearing.


                    Effective Date of 1994 Amendment

    Section 1202(a) of Pub. L. 103-446 provided that the amendment made 
by that section is effective June 13, 1991, and as if included in the 
enactment of Pub. L. 102-54.


                    Effective Date of 1976 Amendment

    Amendment by Pub. L. 94-324 effective June 30, 1976, see section 
9(a) of Pub. L. 94-324, set out as a note under section 3701 of this 
title.
