How Darling Homes Uses This Clause
Darling Homes purchase agreements have been documented to include implied warranty of habitability waiver provisions. The contract may ask buyers to waive their legal right to a home that meets basic livability standards, replacing this protection with the builder's own limited express warranty.
This provision typically appears within the purchase agreement alongside other terms that may limit buyer remedies.
As a luxury Texas builder and subsidiary of Taylor Morrison (NYSE: TMHC), Darling Homes' contract templates are generally consistent across its Dallas-Fort Worth and Houston operations.
Builder-Specific Details
Combined with Warranty Exclusions
The habitability waiver works in conjunction with warranty exclusions to narrow the scope of defects the builder is obligated to address.
Standard Form Contract
This clause appears in Darling Homes' standard purchase agreement, which is generally presented on a take-it-or-leave-it basis. Buyers typically have limited ability to negotiate individual terms, though making the request in writing is still advisable.
State-by-State Enforceability
Enforceability of this clause varies by state. The following reflects Darling Homes's operating states.
| State | Status | Note |
|---|---|---|
| Texas | Likely Enforceable | Texas courts have generally allowed builders to disclaim implied warranties when an express warranty is provided in the purchase agreement. The Texas RCLA framework governs construction defect claims and may limit the availability of implied warranty claims independently of contractual waivers. |
Related Clauses in Darling Homes Contracts
This clause often works in combination with other provisions in Darling Homes's purchase agreements.
The habitability waiver and warranty exclusions together narrow the scope of defects the builder must address.
Challenges to the habitability waiver must be pursued in arbitration rather than court.
What Buyers Can Do
- Understand what the implied warranty of habitability covers. The implied warranty of habitability guarantees that a new home meets basic livability standards — it is structurally sound, weatherproof, and has functioning essential systems. Waiving this right means relying solely on the builder's express warranty.
- Compare the express warranty to what you are waiving. Review the builder's express warranty carefully. If it is narrower than the implied warranty of habitability, you may have less protection than the law would otherwise provide.
- Have the full contract scanned before signing. This clause is often one of several interconnected provisions in Darling Homes contracts that collectively limit buyer remedies. A contract scan can identify all of them.