How Fischer Homes Uses This Clause
Fischer Homes purchase agreements may include provisions that disclaim or limit implied warranties of habitability and fitness for a particular purpose. These provisions attempt to replace statutory implied warranty protections with the builder's own limited warranty, which typically has shorter coverage periods and more exclusions. (Source: common production builder contract pattern; Ohio and Kentucky implied warranty case law)
This provision typically appears within the warranty section of the purchase agreement and may be worded as a replacement of all implied warranties with the builder's express limited warranty.
Fischer Homes's scale means contract templates are largely standardized across its operations. A clause identified in one market's contract is likely present in other markets' contracts, though local addenda may modify the terms.
Builder-Specific Details
Interaction with State Implied Warranty Laws
Ohio, Kentucky, Indiana, and Georgia each recognize implied warranties of habitability in new residential construction. The enforceability of Fischer Homes' habitability waiver varies significantly by state.
Standard Form Contract
This clause appears in Fischer Homes's 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 Fischer Homes's operating states.
| State | Status | Note |
|---|---|---|
| Ohio | Uncertain | Ohio recognizes an implied warranty of habitability under Mitchem v. Johnson that cannot be fully disclaimed in consumer contracts. Fischer Homes' waiver may be limited in enforceability for habitability-related defects. |
| Kentucky | Uncertain | Kentucky recognizes an implied warranty of habitability under Crawley v. Terhune. Builder attempts to fully disclaim this warranty may face judicial scrutiny and limited enforceability. |
| Indiana | Uncertain | Indiana recognizes an implied warranty of habitability under Theis v. Heuer. The implied warranty may not be fully disclaimed in new residential construction contracts. |
| Georgia | Uncertain | Georgia courts recognize implied warranties in new residential construction. Builder attempts to fully disclaim these protections may be limited in enforceability. |
Related Clauses in Fischer Homes Contracts
This clause often works in combination with other provisions in Fischer Homes's purchase agreements.
Challenges to the habitability waiver must be pursued through arbitration rather than court.
The warranty exclusions define what the builder's limited warranty covers after implied warranties are disclaimed.
Community-wide habitability issues cannot be pursued as class claims due to the class action waiver.
What Buyers Can Do
- Understand your state's implied warranty protections. Ohio, Kentucky, Indiana, and Georgia all recognize implied warranties of habitability that may override the builder's contractual disclaimer. Know what protections your state provides.
- Have an attorney evaluate the warranty language. A construction attorney in your state can assess whether the habitability waiver is enforceable under local law and advise on what protections remain available.
- Document all habitability-related defects promptly. If defects arise that affect the home's habitability, document them thoroughly with photographs, dates, and written communications. Prompt documentation strengthens any implied warranty claim.
- 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.