How Drees Homes Uses This Clause
Drees 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, meaning the builder disclaims responsibility for ensuring the home is safe, structurally sound, and fit for occupancy at closing.
This provision typically appears within the purchase agreement alongside other terms that may limit buyer remedies. Because Drees Homes operates across multiple states, the enforceability and practical impact of this clause varies depending on where the home is located.
As a private builder, Drees Homes does not publicly disclose the specific language of its standard contract templates. The presence and scope of this clause may vary by market and over time.
Builder-Specific Details
Combined with Mandatory Arbitration
Disputes about the habitability waiver must be resolved in private arbitration, limiting the buyer's ability to challenge it in open court.
Private Company Considerations
As a private company, Drees Homes does not file public financial disclosures. This limits the amount of publicly available information about the company's contract practices and warranty reserve levels.
Standard Form Contract
This clause appears in Drees 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.
Legal History
The following cases involve Drees Homes's use of this clause type.
Construction Defect Claims
Court records document construction defect claims filed against Drees Homes in multiple states. These cases allege issues that may relate to habitability standards, including structural deficiencies and water intrusion.
State-by-State Enforceability
Enforceability of this clause varies by state. The following reflects Drees Homes's operating states.
| State | Status | Note |
|---|---|---|
| Ohio | Likely Unenforceable | Ohio recognizes an implied warranty of habitability for new residential construction. Courts have held that builders warrant a new home is constructed in a workmanlike manner and is habitable. |
| Kentucky | Likely Unenforceable | Kentucky recognizes an implied warranty of habitability for new residential construction. The Kentucky Supreme Court has held that builder-vendors impliedly warrant habitability. |
| Indiana | Likely Unenforceable | Indiana recognizes an implied warranty of habitability for new home construction. Courts have held that builders impliedly warrant a new home is suitable for habitation. |
| North Carolina | Uncertain | North Carolina recognizes an implied warranty that new homes are built in a workmanlike manner and are habitable. The waivability of this protection is subject to judicial interpretation. |
| South Carolina | Likely Unenforceable | South Carolina recognizes a strong implied warranty of habitability. Courts have found similar waiver provisions in other builder contracts unconscionable. |
| Texas | Not Applicable | Texas does not recognize a statutory implied warranty of habitability for new residential construction. Buyers rely on the builder's express warranty and the Deceptive Trade Practices Act. |
| Maryland | Likely Unenforceable | Maryland provides strong implied warranty protections for new home buyers. The Maryland Court of Appeals has recognized robust habitability protections. |
| Virginia | Uncertain | Virginia recognizes an implied warranty of habitability in new residential construction. The scope and waivability of this protection is subject to ongoing judicial interpretation. |
| Florida | Likely Unenforceable | Florida recognizes an implied warranty of habitability for newly constructed homes and has consistently upheld these protections for new home buyers. |
Related Clauses in Drees Homes Contracts
This clause often works in combination with other provisions in Drees Homes's purchase agreements.
Disputes about the habitability waiver must be resolved in private arbitration, limiting the buyer's ability to challenge it in open court.
Prevents homeowners from jointly challenging habitability issues, forcing individual claims.
The express warranty may be the buyer's only remedy if the habitability waiver is enforced, and warranty exclusions further narrow coverage.
What Buyers Can Do
- Check whether your state protects the implied warranty of habitability. In states with strong implied warranty protections, the waiver may not hold up in court. Your rights depend heavily on where the home is located.
- Request that the waiver be struck from the contract. Drees Homes may decline, but making the request in writing creates a record that you did not voluntarily agree to the 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.
- Consult a real estate attorney in your state. An attorney familiar with your state's implied warranty law can advise on the enforceability of this provision and your options for negotiation.