Overview
Drees Homes operates in the Jacksonville metropolitan area in Florida. The company builds custom and semi-custom homes in communities throughout the greater Jacksonville region, representing its presence in one of the fastest-growing states in the country.
Florida recognizes an implied warranty of habitability for newly constructed homes and has specific statutory provisions governing construction defect claims. Florida's Chapter 558 pre-suit process and consumer protection statutes provide important protections for new home buyers.
How Florida Law Affects Your Contract
The following analysis examines how Drees Homes's documented contract patterns interact with Florida consumer protection law.
Implied Warranty of Habitability in Florida
Florida recognizes an implied warranty of habitability for newly constructed homes. Florida courts have consistently held that builder-vendors impliedly warrant that a new home is constructed in a reasonably workmanlike manner and is suitable for habitation. Contractual waivers of this warranty face significant scrutiny under Florida law.
Arbitration Enforceability in Florida
Florida courts enforce arbitration agreements under both the Federal Arbitration Act and the Florida Arbitration Code (Fla. Stat. §§ 682.01–682.22). Courts examine whether arbitration provisions are unconscionable, considering factors such as procedural and substantive unfairness.
Florida Chapter 558 Pre-Suit Process
Florida Statute Chapter 558 establishes a mandatory pre-suit process for construction defect claims. Homeowners must provide written notice to the builder describing the defect and allow 60 days for inspection and response. Compliance with this process is required before filing a lawsuit.
Florida Deceptive and Unfair Trade Practices Act
The Florida Deceptive and Unfair Trade Practices Act (Fla. Stat. §§ 501.201–501.213) prohibits unfair or deceptive acts in commerce. Buyers who believe they were misled about the home or contract terms may have remedies under this statute.
Florida Legal History
No state-specific litigation involving Drees Homes in Florida has been identified in public records as of this writing.
Relevant Florida Laws
Requires a 60-day written notice to the contractor before filing a construction defect lawsuit, giving the builder an opportunity to inspect and offer a repair.
Florida courts recognize an implied warranty that new homes will be habitable and constructed in a workmanlike manner. Contractual waivers of this warranty may be found unenforceable.
Florida maintains one of the most comprehensive building codes in the United States, with particular emphasis on hurricane and wind resistance standards.
Prohibits unfair or deceptive acts in trade or commerce, providing consumers with a cause of action for misleading representations during the home sales process.
Florida Key Facts
- 1Florida courts have found implied warranty of habitability waivers unenforceable in some cases.
- 2Mandatory arbitration is generally enforceable, though specific provisions have been found unconscionable.
- 3Florida's building code is among the most comprehensive in the U.S., particularly for hurricane resistance.
- 4The right-to-repair statute requires 60-day notice before suing for construction defects.
- 5Florida has a 4-year statute of limitations for construction defect claims and a 10-year statute of repose.
- 6Builders in Florida must be licensed under the Construction Industry Licensing Board.
What Florida Buyers Should Know
- Know that Florida strongly protects the implied warranty of habitability. Florida law provides robust implied warranty protections for new home buyers. Contractual waivers of these protections may not be enforceable, providing an important safety net beyond the builder's express warranty.
- Comply with the Chapter 558 pre-suit process. Before filing a construction defect lawsuit in Florida, you must provide written notice to the builder under Chapter 558 and allow 60 days for inspection and response. An attorney can help ensure compliance with this requirement.
- Consider Florida's consumer protection statutes. If you believe you were misled during the sales process about the home's features, quality, or contract terms, the Florida Deceptive and Unfair Trade Practices Act may provide additional remedies.
- Request independent inspections before closing. Florida's climate creates unique construction challenges. Ensure you have adequate opportunity for independent inspections, particularly regarding moisture management, roofing, and HVAC systems.