Overview
Florida is a significant market for Cavco Industries, with manufactured and modular homes sold through dealer networks across the state. The company's Palm Harbor Homes subsidiary has historically maintained a strong presence in Florida's manufactured housing market.
Florida regulates manufactured housing through the Florida Department of Highway Safety and Motor Vehicles, Division of Motor Vehicles, Bureau of Manufactured Housing. Florida has specific statutes governing manufactured home warranties (Fla. Stat. 320.8255) and a 10-year statute of repose for construction defect claims under Fla. Stat. 95.11(3)(c). Florida's Right to Cure statute (Fla. Stat. 558.001 et seq.) requires pre-litigation notice for construction defect claims.
How Florida Law Affects Your Contract
The following analysis examines how Cavco Industries's documented contract patterns interact with Florida consumer protection law.
Florida Manufactured Home Warranty Statute
Florida Statute 320.8255 establishes warranty requirements for manufactured homes, including minimum warranty periods and manufacturer obligations. This statute may provide protections beyond those in Cavco Industries' express limited warranty.
Florida Right to Cure (Fla. Stat. 558)
Florida requires buyers to provide written notice and a right to repair before filing a construction defect lawsuit. This pre-litigation notice requirement applies to manufactured home defects. Buyers must follow this procedure before pursuing litigation.
Arbitration Provisions Under Florida Law
Florida courts generally enforce mandatory arbitration clauses under the Florida Arbitration Code (Fla. Stat. 682). However, Florida courts have invalidated arbitration provisions found to be procedurally or substantively unconscionable in manufactured home contracts.
Hurricane and Wind Zone Requirements
Manufactured homes installed in Florida must meet specific HUD wind zone requirements. Florida's hurricane exposure makes compliance with wind zone standards and proper installation particularly important. Buyers should verify that the home meets the applicable wind zone rating for the installation site.
Florida Legal History
No state-specific litigation involving Cavco Industries in Florida has been identified in public records as of this writing.
Relevant Florida Laws
Requires a 60-day written notice to the contractor before filing a construction defect lawsuit, giving the builder an opportunity to inspect and offer a repair.
Florida courts recognize an implied warranty that new homes will be habitable and constructed in a workmanlike manner. Contractual waivers of this warranty may be found unenforceable.
Florida maintains one of the most comprehensive building codes in the United States, with particular emphasis on hurricane and wind resistance standards.
Prohibits unfair or deceptive acts in trade or commerce, providing consumers with a cause of action for misleading representations during the home sales process.
Florida Key Facts
- 1Florida courts have found implied warranty of habitability waivers unenforceable in some cases.
- 2Mandatory arbitration is generally enforceable, though specific provisions have been found unconscionable.
- 3Florida's building code is among the most comprehensive in the U.S., particularly for hurricane resistance.
- 4The right-to-repair statute requires 60-day notice before suing for construction defects.
- 5Florida has a 4-year statute of limitations for construction defect claims and a 10-year statute of repose.
- 6Builders in Florida must be licensed under the Construction Industry Licensing Board.
What Florida Buyers Should Know
- Verify wind zone compliance for your installation site. Florida's hurricane exposure makes wind zone compliance critical for manufactured homes. Confirm that the home meets the HUD wind zone rating required for your specific installation location.
- Understand the pre-litigation notice requirement. Florida's Right to Cure statute (Fla. Stat. 558) requires written notice and a right to repair before filing a construction defect lawsuit. Follow this procedure carefully if you discover defects.
- Know your statutory warranty rights. Florida Statute 320.8255 establishes warranty requirements for manufactured homes that may provide protections beyond Cavco Industries' express warranty. Consult an attorney to understand your full warranty rights.
- Inspect the home after installation, especially anchoring and tie-downs. Proper anchoring and installation are critical in Florida's wind environment. Arrange for independent inspection of the home's anchoring system, tie-downs, and overall installation quality.