How Cavco Industries Uses This Clause
Cavco Industries provides limited warranty coverage through its subsidiary brands. Manufactured homes are subject to HUD construction and safety standards (24 CFR 3280), and warranty obligations may be divided between the manufacturer, the retailer, and the installer.
Common warranty exclusions may include transportation damage, site preparation issues, items outside the HUD-code scope, cosmetic defects after a short initial period, and damage attributed to homeowner maintenance failures. The limited warranty may be designated as the buyer's exclusive remedy, potentially displacing implied warranties under state law.
The division of warranty responsibility between the manufacturer, dealer, and installer is a frequent source of disputes in manufactured housing. Buyers should obtain clear documentation of which entity is responsible for each warranty category before signing.
Builder-Specific Details
Tri-Party Warranty Structure
Warranty obligations for Cavco Industries homes may be divided among the manufacturer, the retail dealer, and the installation contractor. Disputes over which entity is responsible for a given defect are common in the manufactured housing industry.
HUD Code Compliance
Manufactured homes must comply with HUD construction and safety standards. Warranty coverage may be limited to items within the scope of HUD code requirements, potentially excluding site-specific issues.
Transportation and Installation Risks
Manufactured homes may sustain damage during transportation and installation that may not be covered under the manufacturer's warranty. Responsibility for transportation and installation damage may fall to the dealer or installer.
Legal History
The following cases involve Cavco Industries's use of this clause type.
Palm Harbor Homes Consumer Complaints
Consumer complaint databases document warranty disputes involving Palm Harbor Homes, a Cavco Industries subsidiary. Complaints allege delayed warranty repairs, disputes over coverage scope, and disagreements regarding responsibility between the manufacturer, dealer, and installer.
State-by-State Enforceability
Enforceability of this clause varies by state. The following reflects Cavco Industries's operating states.
| State | Status | Note |
|---|---|---|
| Arizona | Likely Enforceable | Warranty exclusions in Arizona manufactured home contracts are generally enforceable, though Arizona's pre-litigation notice requirement (A.R.S. 12-1361) may provide additional procedural protections. |
| Texas | Likely Enforceable | Warranty exclusions are generally enforceable in Texas, though the TDHCA provides oversight of manufactured home warranty obligations. |
| Florida | Likely Enforceable | Florida Statute 320.8255 establishes minimum warranty requirements for manufactured homes that may limit the scope of permissible warranty exclusions. |
| California | Uncertain | California's Song-Beverly Consumer Warranty Act and Right to Repair Act may provide additional protections that limit the enforceability of certain warranty exclusions. |
| Oregon | Likely Enforceable | Warranty exclusions in Oregon manufactured home contracts are generally enforceable, subject to implied warranty protections. |
| Idaho | Likely Enforceable | Warranty exclusions in Idaho manufactured home contracts are generally enforceable. |
| Indiana | Likely Enforceable | Warranty exclusions in Indiana manufactured home contracts are generally enforceable, though implied warranty protections may apply. |
| Virginia | Likely Enforceable | Warranty exclusions in Virginia manufactured home contracts are generally enforceable. |
Related Clauses in Cavco Industries Contracts
This clause often works in combination with other provisions in Cavco Industries's purchase agreements.
Warranty disputes must be resolved through arbitration rather than court.
Substituted materials may have different warranty coverage than originally specified materials.
Restricted inspection rights may limit the buyer's ability to identify defects within warranty coverage windows.
What Buyers Can Do
- Get warranty responsibility in writing before signing. Obtain clear documentation specifying which entity (manufacturer, dealer, or installer) is responsible for each category of warranty claim. This prevents disputes over responsibility after problems arise.
- Document the home's condition at delivery. Photograph and document the condition of the home at delivery, during installation, and at final acceptance. This establishes a baseline for warranty claims.
- Understand the warranty coverage windows. Different components may have different warranty periods. Cosmetic items may have very short coverage windows. Report all defects promptly in writing within the applicable warranty period.