Overview
Century Communities operates in Virginia with communities in select markets, including the Northern Virginia suburbs of Washington, D.C. and the Richmond metropolitan area.
Virginia's recognition of an implied warranty of habitability, contractor licensing requirements through the Board for Contractors, and a 5-year statute of limitations create a specific legal framework for Century Communities buyers.
How Virginia Law Affects Your Contract
The following analysis examines how Century Communities's documented contract patterns interact with Virginia consumer protection law.
Implied Warranty of Habitability
Virginia courts recognize an implied warranty of habitability and workmanlike construction for new homes (Filak v. George, 267 Va. 612, 2004). Century's habitability waiver (HAB-001) may face enforceability challenges in Virginia.
Virginia Consumer Protection Act Limitations
The Virginia Consumer Protection Act (Va. Code § 59.1-196 et seq.) has limited application to real estate transactions due to specific exemptions. Century buyers in Virginia may have fewer statutory consumer protection remedies than buyers in states with broader statutes.
Arbitration Enforceability
Mandatory arbitration clauses are generally enforceable in Virginia. Century's JAMS arbitration clause (ARB-001) and class action waiver (CLA-001) will typically be upheld unless specific terms are found unconscionable.
Contractor Licensing
Virginia requires residential builders to hold a license from the Virginia Board for Contractors. Buyers can verify Century's license status through the Department of Professional and Occupational Regulation.
Virginia Legal History
No state-specific litigation involving Century Communities in Virginia has been identified in public records as of this writing.
Relevant Virginia Laws
Requires certain disclosures in residential property transactions, though builders of new construction may be subject to different disclosure obligations than resale sellers.
Virginia courts recognize an implied warranty of habitability and workmanlike construction for new homes.
Prohibits deceptive practices in consumer transactions, though its application to real estate transactions is limited by specific exemptions.
Virginia Key Facts
- 1Virginia courts recognize an implied warranty of habitability for new construction.
- 2Mandatory arbitration clauses are generally enforceable in Virginia.
- 3Virginia has a 5-year statute of limitations for breach of contract and a 5-year statute of repose for construction defect claims.
- 4Virginia does not have a statutory right-to-repair or pre-litigation notice requirement for construction defects.
- 5The Virginia Board for Contractors licenses and regulates residential builders (Class A, B, or C license required).
- 6The Virginia Consumer Protection Act has limited application to real estate transactions.
What Virginia Buyers Should Know
- Understand Virginia's implied warranty protections. Virginia recognizes an implied warranty of habitability for new construction. Century's contractual waiver may not be fully enforceable.
- 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.
- Note the 5-year statute of limitations. Virginia has a 5-year statute of limitations for breach of contract. Document defects promptly and in writing.
- Verify the builder's contractor license. Check Century's license status with the Virginia Board for Contractors. Review any complaint or disciplinary history.