19. Homeowners Warranty

The Unit shall be warranted as required by the New Home Warranty-Builders Registration Act, N.J.S.A. 46:3b-1, et seq. In accordance with that law, the Seller will enroll the Unit at closing of title in an approved warranty security plan and pay all required fees and premiums for the enrollment.

At closing of title, Buyer may find items which Buyer believes need service or adjustment. Immediately prior to closing, Buyer will do a "walk-thru" of the Unit with a representative of Seller in order to identify repairs and adjustments which are Seller's responsibilities, and which items are to be serviced by Seller within a reasonable period of time after closing. This list will be signed by Buyer and Seller's representative and shall survive closing of title. Buyer agrees that Buyer will not request or demand any escrows for incomplete items at title closing.

Buyer agrees to provide Seller with convenient access to the Unit so that Seller can make the repairs that are Seller's responsibility. Buyer agrees to remove any obstruction installed or stored by Buyer, at Buyer's own cost, which in any way makes Seller's responsibility more difficult or costly. If Seller, or any one that Seller designates, schedules repairs to be made within normal business hours and Buyer unreasonably denies convenient access to the Unit, then Seller is relieved of Seller's responsibility to make those specific repairs.

The Seller warrants the following to be free from defect due to material or workmanship for a period of one year from the date of closing title: outbuildings, driveways, walkways, patios, retaining walls and fences. Additionally, Seller warrants:

1. that all drainage is proper and adequate;
2. that all offsite improvements are free from defects for a period of one (1) year from the date of construction;
3. that the construction of the Common Elements are free from defects for a period of two (2) years from the date of completion of the Common Elements;
4. that the Common Elements are fit for their intended use; and
5. that it shall repair or correct any defect in construction, material or workmanship in the Common Elements.

In no event is Seller responsible for any damages or any other costs occurred by Buyer beyond the obligation to service as set forth in this Agreement. Upon delivering of the deed of conveyance to Buyer at closing, the obligations of Seller stated in this Agreement shall no longer be enforceable except for those promises of Seller specifically stated to be fulfilled after closing.

In the event that Buyer chooses to assert a claim for any defects relative to the Unit or Common Elements, Buyer agrees to proceed under the Homeowners' Warranty Act, N.J.S.A. 46:31-1 et seq., through the arbitration proceedings contemplated by the approved warranty security plan provided to Buyer at closing, rather than proceeding in a court of law or equity.