Overview
Century Communities operates in Indiana with communities in the Indianapolis metropolitan area and surrounding suburban markets in Hamilton and Hendricks counties.
Indiana's Deceptive Consumer Sales Act, the state's recognition of implied warranty claims in new construction, and a 10-year statute of repose create the legal framework for Century Communities buyers.
How Indiana Law Affects Your Contract
The following analysis examines how Century Communities's documented contract patterns interact with Indiana consumer protection law.
Implied Warranty of Habitability
Indiana courts have recognized an implied warranty of habitability in the sale of new homes by builder-vendors (Theis v. Heuer, 264 Ind. 1, 1976). Century's habitability waiver (HAB-001) may face enforceability challenges under this common law doctrine.
Indiana Deceptive Consumer Sales Act
The Indiana Deceptive Consumer Sales Act (Ind. Code § 24-5-0.5) prohibits deceptive and unfair practices. Misrepresentations about Inspire Home Loans financing or material substitutions (MAT-001) may be subject to claims under this statute.
Arbitration Enforceability
Indiana courts generally enforce arbitration clauses. Century's JAMS arbitration clause (ARB-001) and class action waiver (CLA-001) are subject to unconscionability analysis under Indiana law.
Statute of Repose
Indiana has a 10-year statute of repose for construction defect claims (Ind. Code § 32-30-1-5). Century's warranty limitations (WAR-001, WAR-002) should be evaluated against this statutory period.
Indiana Legal History
No state-specific litigation involving Century Communities in Indiana has been identified in public records as of this writing.
Relevant Indiana Laws
Requires homeowners to provide written notice to the builder at least 90 days before filing a construction defect lawsuit, giving the builder an opportunity to inspect and repair.
Indiana courts recognize an implied warranty of habitability for new construction, requiring that homes be fit for habitation at the time of sale.
Prohibits deceptive acts in consumer transactions and provides remedies including treble damages for willful violations.
Indiana Key Facts
- 1Indiana requires 90 days' written notice to the builder before filing a construction defect lawsuit.
- 2Indiana has a 10-year statute of repose for construction defect claims.
- 3Indiana courts recognize an implied warranty of habitability for new construction.
- 4Mandatory arbitration clauses are generally enforceable in Indiana.
- 5Indiana does not require residential builders to hold a state-level builder license.
- 6The Deceptive Consumer Sales Act provides treble damages for willful violations.
What Indiana Buyers Should Know
- Understand Indiana's implied warranty protections. Indiana courts have recognized an implied warranty of habitability for new homes. Century's contractual waiver may not fully override this protection.
- Compare Inspire Home Loans with independent lenders. Century may offer incentives to use Inspire Home Loans. Compare total loan costs with at least two independent lenders.
- Insist on an independent home inspection. Negotiate for inspection access if the contract restricts it (INS-001). An independent inspector can identify defects before closing.
- Note the 10-year statute of repose. Indiana provides a 10-year window for construction defect claims. Document defects promptly in writing to preserve your rights.