Written by attorneys · grounded in primary & secondary sources — see below
An abbreviation for home owners warranty.
Sources & Authorities· 10 primary sources
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Statutes
Uniform Acts
How it applies
Common Examples
6
Self-Defense Force Assessment
Hyun Han purchased a new home and obtained a HOW policy covering structural defects. When water damage appeared from faulty construction, he filed a claim under the warranty. The insurer evaluated whether the defect fell within the policy's coverage period.
Forged Deed Title Dispute
Hannah Hale bought a residence and received a HOW certificate from the builder. After discovering construction flaws, she submitted a warranty claim. The court considered whether the HOW protected her against the builder's insolvency.
Judicial Review of Appointment
Hakim Hall acquired a home protected by a ten-year HOW. When the warranty issuer denied coverage for foundation cracks, he sued to enforce the policy terms. The court examined whether the HOW created enforceable rights for the homeowner.
Put it into practice
Test Yourself
10
Practice Questions5
Model Codes
Common Law
Restatements
Dictionaries
Marbury v. Madison5 U.S. (1 Cranch) 137 (1803)
Notice to Trust Beneficiaries
Hamid Hassan sold his house and transferred the HOW to the buyer. Later defects prompted a claim, and the parties disputed whether notice under the warranty had been properly given. The court assessed the HOW's notice requirements.
Mullane v. Central Hanover Bank and Trust Co.339 U.S. 306, 313-314 (1950)
State Law in Federal Court
Hope Howard invoked her HOW after discovering roof defects post-purchase. When the case reached federal court under diversity jurisdiction, the court applied state law interpreting the warranty's scope and duration.
Erie Railroad Co. v. Tompkins304 U.S. 64, 78–80 (1938)
Expert Testimony Reliability
Helena Hoffman relied on her HOW to recover repair costs for plumbing failures. The builder challenged the defect evidence, and the court evaluated whether expert testimony about the warranted condition met reliability standards.
Daubert v. Merrell Dow Pharmaceuticals, Inc.509 U.S. 579, 592 (1993)
Common questions
Frequently Asked
1
What does the abbreviation HOW stand for in property transactions?+
It stands for home owners warranty, a form of protection for residential property defects.
Supporting sources
Civil ProcedurePretrial procedures · Pleadings and amended pleadingsNEXTGENIntermediate