How Beazer Homes Uses This Clause
Beazer Homes purchase agreements have been documented to include certificate of occupancy / change order escalation provisions. The builder may reserve the right to adjust pricing for change orders, material substitutions, or plan modifications at its sole discretion. Change order pricing may not be disclosed until after the buyer is contractually committed.
This provision typically appears within the purchase agreement alongside other terms that may limit buyer remedies. Because Beazer Homes operates across multiple states, the enforceability and practical impact of this clause varies depending on where the home is located.
Beazer Homes's scale means contract templates are largely standardized across its operations. A clause identified in one market's contract is likely present in other markets' contracts, though local addenda may modify the terms.
Builder-Specific Details
Combined with Closing Penalty
Certificate of occupancy issues may interact with closing deadlines and associated penalties.
Standardized Across Markets
Beazer Homes's scale means contract templates are largely standardized across its operations. This clause identified in one state's contract is likely present in other states' contracts, though local addenda may modify the terms.
Standard Form Contract
This clause appears in Beazer Homes's standard purchase agreement, which is generally presented on a take-it-or-leave-it basis. Buyers typically have limited ability to negotiate individual terms, though making the request in writing is still advisable.
State-by-State Enforceability
Enforceability of this clause varies by state. The following reflects Beazer Homes's operating states.
| State | Status | Note |
|---|---|---|
| Texas | Uncertain | Texas does not have a statewide statute requiring a certificate of occupancy before residential... |
| Florida | Likely Unenforceable | Florida law requires a certificate of occupancy before a building may be occupied. The Florida... |
| Arizona | Uncertain | Arizona does not have a single statewide statute mandating certificates of occupancy for residential... |
| California | Likely Unenforceable | California law requires local building officials to issue a certificate of occupancy before a... |
| Georgia | Uncertain | Georgia requires compliance with state minimum building codes under O.C.G.A. Section 8-2-25, and... |
| North Carolina | Likely Unenforceable | North Carolina requires a certificate of occupancy before a building may be occupied under the North... |
| South Carolina | Uncertain | South Carolina requires compliance with the International Building Code and International... |
| Indiana | Uncertain | Indiana has a statewide building code administered by the Indiana Fire Prevention and Building... |
| Tennessee | Uncertain | Tennessee does not mandate a single statewide building code for all jurisdictions. Tenn. Code Ann.... |
| Virginia | Likely Unenforceable | Virginia has a mandatory statewide building code, the Virginia Uniform Statewide Building Code... |
| Maryland | Likely Unenforceable | Maryland requires a certificate of occupancy under the Maryland Building Performance Standards (Md.... |
| Nevada | Uncertain | Nevada does not have a single statewide statute requiring a certificate of occupancy for residential... |
| Delaware | Likely Unenforceable | Delaware requires compliance with statewide building codes under Del. Code Ann. tit. 16, Section... |
Related Clauses in Beazer Homes Contracts
This clause often works in combination with other provisions in Beazer Homes's purchase agreements.
Certificate of occupancy issues may interact with closing deadlines and associated penalties.
Items that emerge between CO issuance and closing may fall outside punch list scope.
What Buyers Can Do
- Understand what the certificate of occupancy covers. A CO means the home meets minimum code requirements for occupancy. It does not mean the home is defect-free or that all contracted work is complete.
- Review change order terms. Understand how changes to the original specifications are handled, including pricing, approval, and timeline impacts.
- Have the full contract scanned before signing. This clause is often one of several interconnected provisions in Beazer Homes contracts that collectively limit buyer remedies. A contract scan can identify all of them.