How Chesapeake Homes Uses This Clause
Chesapeake Homes purchase agreements have been documented to include provisions that may waive or limit the implied warranty of habitability. This warranty, recognized in both Virginia and North Carolina, ensures that a newly built home meets basic livability standards.
The enforceability of this waiver varies by state. Virginia courts have recognized the implied warranty of habitability as a fundamental buyer protection, which may limit the effectiveness of contractual waivers. North Carolina also recognizes implied warranties for new construction.
Buyers should understand that signing a habitability waiver may affect their ability to seek remedies for defects that render the home unsuitable for its intended purpose.
Builder-Specific Details
Combined with Mandatory Arbitration
If a buyer wants to challenge the habitability waiver, the dispute must typically be resolved through arbitration rather than in court.
State Law May Override
Both Virginia and North Carolina recognize implied warranties of habitability for new construction. State law may provide protections that cannot be waived by contract, depending on the jurisdiction and circumstances.
State-by-State Enforceability
Enforceability of this clause varies by state. The following reflects Chesapeake Homes's operating states.
| State | Status | Note |
|---|---|---|
| Virginia | Uncertain | Virginia courts recognize an implied warranty of habitability for new construction (Filak v. George, 2004). The enforceability of contractual waivers of this warranty is uncertain, and courts may find such waivers unconscionable. |
| North Carolina | Uncertain | North Carolina recognizes implied warranties of habitability and workmanlike construction for new homes. Courts may scrutinize contractual waivers of these protections, particularly in standard form contracts. |
Related Clauses in Chesapeake Homes Contracts
This clause often works in combination with other provisions in Chesapeake Homes's purchase agreements.
Challenges to the habitability waiver must be pursued in arbitration rather than court.
Warranty exclusions may further narrow the protections that remain after the habitability waiver.
What Buyers Can Do
- Understand what the habitability warranty covers. The implied warranty of habitability generally ensures that a new home is suitable for its intended purpose as a dwelling. Waiving this warranty may limit your recourse if fundamental defects are discovered.
- Research state-specific protections. Both Virginia and North Carolina recognize implied warranties for new construction. These state-law protections may provide a basis to challenge a contractual waiver.
- Have the full contract scanned before signing. This clause is often one of several interconnected provisions that collectively limit buyer remedies. A contract scan can identify all of them.