Overview
Century Communities operates in California with communities in the Sacramento area, the Bay Area's outlying suburbs, the Inland Empire, and the Central Valley. California is one of Century's larger markets by revenue.
California's extensive consumer protection framework, including SB 800 (the Right to Repair Act), the Contractors State License Board requirements, and strong implied warranty protections, creates one of the most buyer-protective legal environments among Century's operating states.
How California Law Affects Your Contract
The following analysis examines how Century Communities's documented contract patterns interact with California consumer protection law.
SB 800 Right to Repair Act
California's SB 800 (Civil Code §§ 895-945.5) establishes specific building performance standards and a mandatory pre-litigation process for residential construction defect claims. Given Century's documented construction defect history in Colorado, California's detailed statutory standards may provide Century buyers with more clearly defined grounds for claims.
Implied Warranty of Habitability
California provides strong implied warranty protections for new homes. Century's habitability waiver (HAB-001) is likely unenforceable in California. The state's courts have consistently held that the implied warranty of habitability cannot be waived in new home purchase contracts.
Consumer Legal Remedies Act and UCL
California's Consumer Legal Remedies Act (Civil Code § 1750 et seq.) and Unfair Competition Law (Bus. & Prof. Code § 17200) provide broad consumer protection. Misleading representations about Inspire Home Loans financing or material substitutions (MAT-001) may be subject to claims under these statutes.
Arbitration Under California Law
California courts enforce arbitration clauses but apply heightened scrutiny to adhesion contracts. Century's JAMS arbitration clause (ARB-001) and class action waiver (CLA-001) are subject to California's unconscionability standards.
Contractor Licensing
California requires contractors to be licensed through the Contractors State License Board. Buyers can verify Century's license status and check for complaints through the CSLB.
California Legal History
No state-specific litigation involving Century Communities in California has been identified in public records as of this writing.
Relevant California Laws
Establishes standards for residential construction, defines actionable defects, and requires a pre-litigation notice and repair process before filing a construction defect lawsuit.
California provides strong implied warranty protections for residential properties, requiring that homes be fit for human habitation at the time of sale.
Prohibits unfair and deceptive business practices, including misrepresentations in the sale of residential property. Provides for actual damages, injunctive relief, and attorney fees.
California Key Facts
- 1California's SB 800 (Right to Repair Act) provides a detailed pre-litigation process for construction defect claims on homes sold after January 1, 2003.
- 2The statute of limitations for latent construction defects in California is 10 years from substantial completion.
- 3California courts have imposed limits on the enforceability of arbitration clauses in adhesion contracts.
- 4Builders in California must provide a written warranty under the Right to Repair Act specifying the standards that apply to the home.
- 5California's Contractor State License Board (CSLB) regulates residential builders and provides a consumer complaint process.
- 6Buyers in California have a 3-day right of rescission on door-to-door sales, though this generally does not apply to real estate transactions.
What California Buyers Should Know
- Know that California's implied warranty cannot be waived. California's implied warranty of habitability cannot be waived by the builder's contract. You retain these protections regardless of contract language.
- Understand SB 800's repair process. California's SB 800 establishes specific building performance standards and a mandatory pre-litigation process. An attorney can guide you through this framework.
- Compare Inspire Home Loans with independent lenders. Century may offer incentives to use Inspire Home Loans. Compare total loan costs, including Mello-Roos or special assessments if applicable, with at least two independent lenders.
- Insist on an independent home inspection. Negotiate for the right to hire your own inspector if the contract restricts inspections (INS-001).
- Verify the builder's CSLB license. Check Century's license status with the California Contractors State License Board. Review any complaint or disciplinary history.
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