Contract Review Checklist

12 Points Before You Sign

Run this checklist against any home warranty contract before you sign. If a company will not give you the contract before purchase, that itself is your answer.

12 checkpoints Red flags flagged

Request the contract before purchase - not after.

Reputable companies will send the full contract on request. If a company refuses or says you can only see it after paying, treat that as a red flag and move to your next option.

Find in contract: "heating and cooling system" coverage section or "coverage limits" appendix.

What to confirm

Specific dollar amount per unit (not vague language). Whether the cap is per-unit or combined across all HVAC systems.

Red flag

"Comprehensive coverage" with no specific dollar cap stated.

Find in contract: Exclusions section or cooling system coverage section.

What to confirm

Whether refrigerant/Freon is covered and at what sub-cap (or excluded entirely).

Red flag

Silent on refrigerant - means excluded. If your system uses R-22 and refrigerant is not covered, any leak = major uncovered cost.

Find in contract: Definitions section; "pre-existing condition" or "unknown defects" language.

What to confirm

Whether "pre-existing" means known to you OR unknown to you. "Known or unknown" is the broadest exclusion - it means anything that existed before coverage started is potentially excludable.

Better language to look for

"Known to the consumer" standard (similar to California standard) - requires you actually knew about the defect.

Find in contract: "Requirements of homeowner" or "conditions of coverage" section.

What to confirm

Exact maintenance requirements for each covered system. What documentation they expect you to keep.

Red flag

Vague requirements ("properly maintained") without specifics - gives the company flexibility to deny based on maintenance.

Find in contract: Fees section or definitions.

What to confirm

Per-visit or per-claim? The dollar amount. Whether fee applies even if claim is denied.

Red flag

Service fee "per-visit" rather than "per-claim" - means multiple service fees for multi-visit repairs.

Find in contract: "Effective date" or "coverage start date" section.

What to confirm

How long before coverage is active (typically 30 days). Whether it is waived for real estate transactions.

Red flag

Waiting period longer than 30 days for standard coverage.

Find in contract: Coverage limits section; often in an appendix or schedule.

What to confirm

Sub-caps on refrigerant, ductwork, code upgrades, permit fees, roof leak, secondary systems.

Red flag

No schedule of sub-caps (means you do not know what you are actually covered for on specific components).

Find in contract: Claims process section.

What to confirm

Whether you must use the company's network or can bring your own contractor. If network: what happens if no network contractor is available in your area.

Red flag

No emergency provision for contractor unavailability.

Find in contract: Claims section.

What to confirm

How to file a claim (phone, online, app). Hours. Stated response time for technician dispatch. Emergency HVAC provision (response time for heating/cooling failure).

Red flag

No stated response time; no emergency HVAC provision in the contract.

Find in contract: Dispute resolution or arbitration section.

What to confirm

Arbitration required or optional. Which arbitration service (AAA, JAMS, or NAM). Who pays filing fees. Whether you waive class action rights.

Red flag

Mandatory NAM arbitration with consumer paying filing fees - NAM is least consumer-favorable of the major arbitration services.

Find in contract: Cancellation section.

What to confirm

Free-look period (should be 30 days for full refund). Pro-rated refund formula after free-look. Whether the company can cancel you and on what grounds.

Red flag

Company can cancel after high-claims years with short notice; or no free-look period.

Find in contract: Coverage territory section; transfer section.

What to confirm

Whether coverage applies to your specific address (some companies have state limitations). Whether coverage transfers to a new buyer if you sell.

Red flag

No transfer provision - coverage does not add value to the home at sale.

Summary: Pass / Fail

Checkpoint Pass Fail Notes
HVAC cap stated and adequate
Refrigerant covered
Pre-existing definition acceptable
Maintenance requirements clear
Service fee structure clear
Waiting period reasonable
Sub-caps schedule provided
Contractor provision adequate
Claims process and response time stated
Dispute resolution acceptable
Cancellation terms fair
Coverage territory confirmed

Rule of thumb: If more than 2 items fail, look at the next company on your list. A single critical fail (HVAC cap, pre-existing definition, mandatory NAM arbitration) may also be disqualifying on its own.

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