Mattamy Homes and Taylor Morrison are both national homebuilders that compete in multiple U.S. markets. Buyers in states where both builders operate — including Florida, North Carolina, Arizona, Texas — may find themselves comparing the two when choosing a new construction home.
Both builders use standardized purchase agreements that contain clauses affecting buyer rights and remedies. This comparison examines documented contract patterns, legal history, and key differences based on publicly available information.
The presence of a contract clause does not mean it appears in every agreement from that builder. Contract terms may vary by state, community, and transaction. This comparison is intended to help buyers ask informed questions, not to recommend one builder over the other.
At a Glance
Mattamy Homes
Taylor Morrison
Market Position
Largest privately owned homebuilder in North America
Top-10 national homebuilder
Ticker
Private
NYSE: TMHC
Headquarters
Winter Park, Florida (U.S. division)
Scottsdale, Arizona
Affiliated Lender
Mattamy Home Funding
Taylor Morrison Home Funding
Documented Clauses
14
10
Documented Cases
6
7
Contract Clause Comparison
The following comparison shows documented contract patterns for each builder. A check mark indicates the clause type has been documented; it does not mean it appears in every contract.
Mattamy Homes has been documented using daily closing penalty provisions, while Taylor Morrison does not have this pattern documented in available contract analyses. This represents a difference in contract risk profiles between the two builders.
Mattamy Homes has been documented using certificate of occupancy override provisions, while Taylor Morrison does not have this pattern documented in available contract analyses. This represents a difference in contract risk profiles between the two builders.
Mattamy Homes has been documented using punch list / post-closing repair limitation provisions, while Taylor Morrison does not have this pattern documented in available contract analyses. This represents a difference in contract risk profiles between the two builders.
Mattamy Homes has been documented using independent inspection restriction provisions, while Taylor Morrison does not have this pattern documented in available contract analyses. This represents a difference in contract risk profiles between the two builders.
Both Mattamy Homes and Taylor Morrison include material substitution without consent language in their documented contract patterns. Buyers considering either builder should be aware that this clause type has been identified in purchase agreements from both companies.
Both Mattamy Homes and Taylor Morrison include restrictive limited warranty language in their documented contract patterns. Buyers considering either builder should be aware that this clause type has been identified in purchase agreements from both companies.
Both Mattamy Homes and Taylor Morrison include warranty voiding conditions language in their documented contract patterns. Buyers considering either builder should be aware that this clause type has been identified in purchase agreements from both companies.
Both Mattamy Homes and Taylor Morrison include preferred lender steering / incentive lock language in their documented contract patterns. Buyers considering either builder should be aware that this clause type has been identified in purchase agreements from both companies.
Both Mattamy Homes and Taylor Morrison include mandatory binding arbitration language in their documented contract patterns. Buyers considering either builder should be aware that this clause type has been identified in purchase agreements from both companies.
Both Mattamy Homes and Taylor Morrison include class action lawsuit waiver language in their documented contract patterns. Buyers considering either builder should be aware that this clause type has been identified in purchase agreements from both companies.
Both Mattamy Homes and Taylor Morrison include implied warranty of habitability waiver language in their documented contract patterns. Buyers considering either builder should be aware that this clause type has been identified in purchase agreements from both companies.
Both Mattamy Homes and Taylor Morrison include deposit forfeiture / earnest money trap language in their documented contract patterns. Buyers considering either builder should be aware that this clause type has been identified in purchase agreements from both companies.
Both Mattamy Homes and Taylor Morrison include limitation of liability / no monetary damages language in their documented contract patterns. Buyers considering either builder should be aware that this clause type has been identified in purchase agreements from both companies.
Both Mattamy Homes and Taylor Morrison include monthly payment suppression / hidden costs language in their documented contract patterns. Buyers considering either builder should be aware that this clause type has been identified in purchase agreements from both companies.
Legal History Comparison
Both builders have documented litigation histories. Mattamy Homes has 6 documented cases and investigations; Taylor Morrison has 7. The nature and focus of litigation differs between the two builders.
Mattamy Homes
Reserve at Loch Lake HOA v. Mattamy — construction defect litigation
Lore et al v. Mattamy Homes — buyer protection claims
WTSP 10 Investigates: 100+ Florida lawsuits against Mattamy
WFTV Action 9: NDA and warranty disputes
Taylor Morrison
Multiple Texas lawsuits (Ha, Skufca, Kohlmeyer) seeking to compel arbitration
Wiener v. Taylor Morrison — TCPA class action over telemarketing
Alaqua Lakes Community Association construction defect litigation
Solivita club membership fee class action
Both Mattamy Homes and Taylor Morrison have faced litigation related to construction practices and contract terms. Buyers should review the full builder profiles for detailed case information and consider how each builder's legal history may reflect patterns relevant to current purchase agreements.
Mattamy Homes is positioned as largest privately owned homebuilder in north america. Taylor Morrison is positioned as top-10 national homebuilder.
Documented Contract Patterns
Mattamy Homes has 14 documented clause types in our analysis; Taylor Morrison has 10. Mattamy Homes has a broader set of documented contract patterns, though this does not necessarily indicate greater risk — it may reflect more extensive public documentation.
Affiliated Lender
Mattamy Homes uses Mattamy Home Funding as its affiliated lender. Taylor Morrison uses Taylor Morrison Home Funding. Both builders offer incentives to use their affiliated lenders, which may affect financing terms and closing costs.
Geographic Overlap
Mattamy Homes operates in 4 states; Taylor Morrison operates in 10 states. They share 4 states where buyers may be choosing between the two.
Litigation History
Mattamy Homes has 6 documented cases and investigations; Taylor Morrison has 7. The nature and severity of litigation differs between the two builders — review the legal history section for details.
What Buyers Should Consider
Both contracts require careful review.
Whether you are buying from Mattamy Homes or Taylor Morrison, the purchase agreement contains clauses that may limit your rights. Both builders use standardized contracts that favor the builder.
Check your state's specific protections.
The enforceability of many contract clauses depends on state law. A clause that was struck down in one state may be enforceable in another. Review the state-specific analysis for your location.
Compare affiliated lender terms independently.
Both builders offer incentives to use their affiliated lenders. Get independent quotes from at least two outside lenders before committing, and verify that all quoted payments include taxes, insurance, and HOA fees.
Do not assume one builder's contract is inherently safer.
Both builders use similar clause types. The differences are in specific language and implementation. An independent contract review can identify the specific risks in whichever agreement you are considering.
This article is for informational and educational purposes only. It does not constitute legal advice. Consult a licensed attorney in your state before making legal decisions.