Overview
Century Communities operates in Florida with communities in the Jacksonville, Tampa Bay, and Orlando metropolitan areas, offering both Century Communities branded homes and Century Complete move-in-ready spec homes.
Florida's recognition of an implied warranty of habitability, the Right to Repair Act, stringent hurricane building code requirements, and the Deceptive and Unfair Trade Practices Act create a specific legal framework for Century Communities buyers.
How Florida Law Affects Your Contract
The following analysis examines how Century Communities's documented contract patterns interact with Florida consumer protection law.
Implied Warranty of Habitability
Florida courts recognize an implied warranty of habitability for new construction (Gable v. Silver, 258 So. 2d 11, Fla. 1972). Century's habitability waiver (HAB-001) may face enforceability challenges in Florida.
Right to Repair Act
Florida's Right to Repair Act (Fla. Stat. §§ 558.001-558.005) requires a 60-day written notice to the builder before filing a construction defect lawsuit. This statutory requirement applies regardless of contract terms.
Hurricane-Rated Construction Standards
Florida's building code (Fla. Stat. § 553.73) imposes stringent wind resistance requirements. Century's material substitution clause (MAT-001) does not override mandatory building code requirements. Buyers should verify that any substituted materials meet Florida's wind-load specifications.
FDUTPA Consumer Protection
The Florida Deceptive and Unfair Trade Practices Act (Fla. Stat. §§ 501.201-501.213) may provide remedies for Century buyers who allege misleading representations about Inspire Home Loans financing or construction quality.
Arbitration Enforceability
Florida courts generally enforce arbitration clauses but have found specific provisions unconscionable in certain circumstances. Century's JAMS arbitration clause (ARB-001) and class action waiver (CLA-001) are subject to unconscionability analysis.
Florida Legal History
No state-specific litigation involving Century Communities 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
- Understand Florida's implied warranty protections. Florida recognizes an implied warranty of habitability that may not be waivable. This provides protections beyond Century's express warranty.
- Comply with the Right to Repair notice requirement. Florida law requires a 60-day written notice to the builder before filing a construction defect lawsuit. Document defects and send notice via certified mail.
- Verify hurricane-resistance compliance. Request documentation confirming your home meets Florida's wind-load and impact-resistance standards, especially if materials were substituted (MAT-001).
- Compare Inspire Home Loans with independent lenders. Century may offer incentives to use Inspire Home Loans. Compare total loan costs, including Florida insurance costs, with independent lenders.
- Insist on an independent home inspection. Negotiate for inspection access if the contract restricts it (INS-001). Given Century's documented defect history, an independent inspection is important.