Title 38 — Veterans’ Benefits
Part III · Chapter 37 — Housing and Small Business Loans
§ 3705. Warranties
Statutory text
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 , unless such mortgage is insured or guaranteed pursuant to a commitment therefor made before .
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.
Legislative history
Reconstructed from this section’s Code source credit and amendment notes, resolved against the local Statutes at Large. Editorial notes are evidence, not the law that made the change.
Pub. L. 85–857 · 72 Stat. 1105
Enacted · 38 U.S.C. § 3705
Pub. L. 85–857, Sept. 2, 1958, 72 Stat. 1206, § 1805
Source evidence
Code source credit
Pub. L. 85–857, Sept. 2, 1958, 72 Stat. 1206, § 1805Veterans Housing Amendments Act of 1976
Pub. L. 94–324 § 7(9) · 90 Stat. 720
Substituted · 38 U.S.C. § 3705(a)
Pub. L. 94–324 substituted “the Administrator’s” for “his” wherever appearing
Source evidence
Code amendment note
Subsec. (a). Pub. L. 94–324 substituted “the Administrator’s” for “his” wherever appearing.Enacted provision · exact public law section
(9) by striking out in section 1805(a) “his” wherever it appears and inserting in lien thereof “the Administrator’s”;Veterans Home Loan Indemnity and Restructuring Act of 1989
Pub. L. 101–237 title III § 313(b)(1) · 103 Stat. 2062
Substituted · 38 U.S.C. § 3705
Pub. L. 101–237 substituted “Secretary” and “Secretary’s” for “Administrator” and “Administrator’s”, respectively, wherever appearing
Source evidence
Code amendment note
Pub. L. 101–237 substituted “Secretary” and “Secretary’s” for “Administrator” and “Administrator’s”, respectively, wherever appearing.Enacted provision · exact public law section
(1) Chapters 23, 24, and 37 are amended by striking out “Administrator” and “Administrator’s” each place such terms appear (other than in sections 906(e)(2) and 1812(h)(2)(B) and in section 1845(a) the third place “Administrator” appears) and inserting in lieu thereof “Secretary” and “Secretary’s”, respectively.Pub. L. 102–54 § 15(a)(1)(B) · 105 Stat. 267
Substituted · 38 U.S.C. § 3705(a)
Pub. L. 102–54, § 15(a)(1)(B), substituted “appraisal)” for “approval)” in second sentence
Source evidence
Code amendment note
Subsec. (a). Pub. L. 102–54, § 15(a)(1)(B), substituted “appraisal)” for “approval)” in second sentence.Enacted provision · exact public law section
(B) by striking out “approval)” in the second and inserting in lieu thereof “appraisal)”.Effective date note
Pub. L. 103–446, title XII, § 1202(a), Nov. 2, 1994, 108 Stat. 4689, 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.Pub. L. 102–54 § 15(a)(1)(A) · 105 Stat. 267
Amended · 38 U.S.C. § 3705(a)
Pub. L. 102–54, § 15(a)(1)(A), as amended by Pub. L. 103–446
Substituted · 38 U.S.C. § 3705(a)
Pub. L. 102–54, § 15(a)(1)(A), as substituted “appraised” for “approved” before “for guaranty” in first sentence
Target inherited from the preceding amendment note.
Source evidence
Code amendment note
Pub. L. 102–54, § 15(a)(1)(A), as amended by Pub. L. 103–446, substituted “appraised” for “approved” before “for guaranty” in first sentence.Enacted provision · exact public law section
(A) by striking out “approved” in the first sentence and inserting in lieu thereof “appraised”; andEffective date note
Pub. L. 103–446, title XII, § 1202(a), Nov. 2, 1994, 108 Stat. 4689, 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.Pub. L. 102–83 § 5(a) · 105 Stat. 378
Changed · 38 U.S.C. § 3705
Pub. L. 102–83, § 5(a), renumbered section 1805 of this title as this section
Source evidence
Code amendment note
Pub. L. 102–83, § 5(a), renumbered section 1805 of this title as this section.Enacted provision · exact public law section
(a) Redesignation of Sections to Conform to Chapter Numbers.— Each section contained in any of chapters 11 through 23 is redesignated by replacing the first digit of the section number with the number of the chapter containing that section. Each section contained in any of chapters 24 through 42 is redesignated so that the first two digits of the section number of that section are the same as the chapter number of the chapter containing that section.Veterans’ Benefits Improvements Act of 1994
Pub. L. 103–446 title XII § 1202(a)(2) · 108 Stat. 4645
Changed · 38 U.S.C. § 3705(a)
Pub. L. 103–446 made technical correction to directory language of Pub. L. 102–54, § 15(a)(1)(A). See 1991 Amendment note below
Source evidence
Code amendment note
Subsec. (a). Pub. L. 103–446 made technical correction to directory language of Pub. L. 102–54, § 15(a)(1)(A). See 1991 Amendment note below.Enacted provision · exact public law section
(2) Section 15(a)(1)(A) (105 Stat 289) is amended by inserting 38 USC 3705. “the first place it appears” before “in the first sentence”.Effective date note
Pub. L. 103–446, title XII, § 1202(a), Nov. 2, 1994, 108 Stat. 4689, 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.
7 of 8 references resolved to an enrolled provision · 1 partial
Editorial Notes
Amendments1976–1994 · 4 rounds
1994
Subsec. (a). Pub. L. 103–446 made technical correction to directory language of Pub. L. 102–54, § 15(a)(1)(A). See 1991 Amendment note below.
1991
Pub. L. 102–83, § 5(a), renumbered section 1805 of this title as this section.
Subsec. (a). Pub. L. 102–54, § 15(a)(1)(B), substituted “appraisal)” for “approval)” in second sentence.
Pub. L. 102–54, § 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.
Statutory Notes and Related Subsidiaries
Effective Date of 1994 Amendment
Pub. L. 103–446, title XII, § 1202(a), , 108 Stat. 4689, provided that the amendment made by that section is effective , and as if included in the enactment of Pub. L. 102–54.
Effective Date of 1976 Amendment
Amendment by Pub. L. 94–324 effective , see section 9(a) of Pub. L. 94–324, set out as a note under section 3701 of this title.
Credits
1958–1994 · 6 acts
- 1958Pub. L. 85–857, , 72 Stat. 1206, § 1805
- 1976Pub. L. 94–324, § 7(9), , 90 Stat. 721
- 1989Pub. L. 101–237, title III, § 313(b)(1), , 103 Stat. 2077
- 1991Pub. L. 102–54, § 15(a)(1), , 105 Stat. 288
- 1991renumbered § 3705, Pub. L. 102–83, § 5(a), , 105 Stat. 406
- 1994Pub. L. 103–446, title XII, § 1202(a)(2), , 108 Stat. 4689.
Show as published
(Pub. L. 85–857, , 72 Stat. 1206, § 1805; Pub. L. 94–324, § 7(9), , 90 Stat. 721; Pub. L. 101–237, title III, § 313(b)(1), , 103 Stat. 2077; Pub. L. 102–54, § 15(a)(1), , 105 Stat. 288; renumbered § 3705, Pub. L. 102–83, § 5(a), , 105 Stat. 406; Pub. L. 103–446, title XII, § 1202(a)(2), , 108 Stat. 4689.)