How Century Communities Uses This Clause
Century Communities purchase agreements have been documented to include third-party warranty administration / voiding provisions. Certain homeowner actions, such as failure to perform maintenance on the builder's schedule or denying property access for inspections, may void warranty coverage. This shifts compliance burden to the buyer and can be used to deny otherwise valid claims.
This provision typically appears within the purchase agreement alongside other terms that may limit buyer remedies. Because Century Communities operates across multiple states, the enforceability and practical impact of this clause varies depending on where the home is located.
Century Communities'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 Mandatory Arbitration
Warranty disputes with third-party administrators may also be subject to mandatory arbitration.
Standardized Across Markets
Century Communities'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 Century Communities'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 Century Communities's operating states.
| State | Status | Note |
|---|---|---|
| Texas | Likely Enforceable | Warranty voiding clauses tied to reasonable access requirements are generally enforceable in Texas.... |
| Colorado | Likely Enforceable | Colorado enforces warranty voiding clauses that require reasonable homeowner cooperation with... |
| California | Uncertain | California imposes significant statutory protections for homebuyers that may limit the... |
| Arizona | Likely Enforceable | Arizona generally enforces warranty voiding provisions that require homeowner cooperation with... |
| Nevada | Likely Enforceable | Nevada enforces warranty voiding provisions that require homeowner cooperation with builder... |
| Florida | Likely Enforceable | Florida courts generally enforce warranty voiding provisions that require homeowner cooperation with... |
| Georgia | Likely Enforceable | Georgia enforces warranty voiding clauses that condition coverage on reasonable homeowner... |
| North Carolina | Likely Enforceable | North Carolina generally enforces warranty voiding clauses that impose reasonable access and notice... |
| South Carolina | Likely Enforceable | South Carolina enforces warranty voiding provisions that condition coverage on reasonable homeowner... |
| Tennessee | Likely Enforceable | Tennessee enforces warranty voiding provisions that require reasonable homeowner cooperation.... |
| Utah | Likely Enforceable | Utah enforces warranty voiding provisions that condition coverage on reasonable homeowner... |
| Washington | Uncertain | Washington provides significant statutory protections for homebuyers that may limit the... |
| Oregon | Uncertain | Oregon provides notable consumer protections that may limit the enforceability of warranty voiding... |
| Indiana | Likely Enforceable | Indiana enforces warranty voiding provisions that condition coverage on reasonable access and... |
| Ohio | Likely Enforceable | Ohio enforces warranty voiding provisions that impose reasonable access and notice conditions.... |
| Virginia | Likely Enforceable | Virginia generally enforces warranty voiding provisions that impose reasonable access conditions.... |
| Idaho | Likely Enforceable | Idaho generally enforces warranty voiding provisions that impose reasonable access and notice... |
| Alabama | Likely Enforceable | Alabama generally enforces warranty voiding provisions that impose reasonable access and notice... |
Related Clauses in Century Communities Contracts
This clause often works in combination with other provisions in Century Communities's purchase agreements.
Warranty disputes with third-party administrators may also be subject to mandatory arbitration.
Third-party warranty administration may apply its own exclusions on top of the builder's warranty limitations.
What Buyers Can Do
- Understand the third-party warranty administrator. The warranty may be administered by a third party rather than the builder directly. Know who to contact, what the claims process looks like, and what actions can void coverage.
- Review warranty voiding conditions. Certain modifications to the home, failure to perform maintenance, or even hiring non-approved contractors may void all or part of the warranty.
- Have the full contract scanned before signing. This clause is often one of several interconnected provisions in Century Communities contracts that collectively limit buyer remedies. A contract scan can identify all of them.