Overview
Century Communities operates in Texas with active communities in the Dallas-Fort Worth, Houston, San Antonio, and Austin metropolitan areas. The 2024 acquisition of Anglia Homes LP ($127 million) expanded Century's Texas footprint, particularly in the Houston market.
Texas law does not provide a statutory implied warranty of habitability for new construction, which gives the builder's express contract terms and the Deceptive Trade Practices Act greater significance for Century Communities buyers.
How Texas Law Affects Your Contract
The following analysis examines how Century Communities's documented contract patterns interact with Texas consumer protection law.
Habitability Waivers Under Texas Law
Texas does not have a statutory implied warranty of habitability for new construction. Century Communities' habitability waiver (HAB-001) may carry more weight here than in states with statutory protections. Texas buyers rely primarily on the builder's express warranty (WAR-001, WAR-002) and the Deceptive Trade Practices Act.
RCLA Notice Requirements
Before filing a construction defect lawsuit in Texas, homeowners must provide written notice under the Residential Construction Liability Act (Tex. Prop. Code §§ 27.001-27.007) and allow a 60-day inspection period. This statutory requirement applies regardless of contract terms.
Deceptive Trade Practices Act
The Texas DTPA (Tex. Bus. & Com. Code §§ 17.41-17.63) may provide remedies for Century Communities buyers who allege they were misled about Inspire Home Loans financing terms or other aspects of the transaction. Knowing violations can result in treble damages.
Arbitration Enforceability
Century Communities requires binding arbitration under JAMS Streamlined Arbitration Rules (ARB-001). Mandatory arbitration is generally enforceable in Texas under both the Federal Arbitration Act and the Texas General Arbitration Act.
Affiliated Lender Incentives
Century Communities may offer financial incentives for using Inspire Home Loans (LEN-001). With an 82% buyer capture rate in 2024, the company's affiliated lender plays a significant role in Texas transactions. Texas buyers should compare total loan costs with independent lenders.
Texas Legal History
No state-specific litigation involving Century Communities in Texas has been identified in public records as of this writing.
Relevant Texas Laws
Provides buyers with additional remedies for misleading representations made during the home sales process, including the potential for treble damages in cases of knowing or intentional conduct.
Requires homeowners to provide written notice and a 60-day inspection period before filing a construction defect lawsuit against a builder.
Governs express warranty obligations for residential construction. Texas does not impose a statutory implied warranty of habitability on new home builders.
Texas Key Facts
- 1Texas does not have a statutory implied warranty of habitability for new construction.
- 2Mandatory arbitration clauses are generally enforceable under both the Federal Arbitration Act and the Texas General Arbitration Act.
- 3Texas has no statutory cooling-off period for new construction purchase agreements.
- 4The Texas Residential Construction Commission was abolished in 2009.
- 5The RCLA requires 60-day written notice to the builder before filing a construction defect lawsuit.
- 6The DTPA allows consumers to seek damages for false, misleading, or deceptive acts in the sale of goods and services, including new homes.
What Texas Buyers Should Know
- Understand that Texas lacks a statutory habitability warranty. Texas does not guarantee by statute that a newly built home will be habitable. Your protections depend primarily on Century's express warranty, common law, and the Deceptive Trade Practices Act.
- Know the RCLA notice requirement. Texas law requires 60 days' written notice to the builder before filing a construction defect lawsuit. An attorney can help you comply with this mandatory pre-suit requirement.
- Compare Inspire Home Loans with independent lenders. Century Communities may offer incentives to use Inspire Home Loans. Compare total loan costs, including rates after any temporary buydowns expire, with at least two outside lenders.
- Hire an independent home inspector. Given Century's documented construction defect history in other states, an independent pre-closing inspection is especially important. Negotiate for inspection access if the contract restricts it (INS-001).
- Understand the arbitration clause. Century requires binding arbitration under JAMS rules. This eliminates the right to a jury trial. Know what you are giving up before signing.