How Fischer Homes Uses This Clause
Fischer Homes provides a limited warranty program with coverage periods and exclusions that vary by component category. The warranty typically covers workmanship items for one year, major systems for two years, and structural components for up to ten years, with numerous exclusions and limitations. Warranty disputes have been the subject of litigation in Ohio and Kentucky. (Source: common production builder warranty structure; Ohio and Kentucky warranty dispute litigation involving Fischer Homes)
Warranty exclusions typically appear in a separate warranty document referenced by the purchase agreement. The purchase agreement may incorporate the warranty by reference without including its full text.
Fischer Homes's scale means warranty terms are largely standardized across its operations, though state-specific addenda may modify coverage.
Builder-Specific Details
Tiered Warranty Structure
The warranty uses a tiered structure with different coverage periods for different categories of components. After the first year, many common items including cosmetic defects and minor workmanship issues are no longer covered.
Standard Form Contract
The warranty document is part of Fischer Homes's standard contract package and is generally presented on a take-it-or-leave-it basis.
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's implied warranty of habitability under Mitchem v. Johnson may override certain warranty exclusions for habitability-related defects. Express warranty limitations on non-habitability items are generally enforceable. |
| Kentucky | Uncertain | Kentucky's implied warranty of habitability may override certain warranty exclusions. Express warranty limitations are generally enforceable for items not related to habitability. |
| Indiana | Uncertain | Indiana's implied warranty of habitability under Theis v. Heuer may supplement the builder's express warranty. Exclusions that conflict with implied warranty protections may be limited. |
| Georgia | Uncertain | Georgia's implied warranty protections may override certain warranty exclusions. Express warranty limitations are generally enforceable for non-habitability items. |
Related Clauses in Fischer Homes Contracts
This clause often works in combination with other provisions in Fischer Homes's purchase agreements.
The habitability waiver attempts to replace implied warranty protections with the builder's limited express warranty, making warranty exclusions more significant.
Inspection restrictions may prevent buyers from identifying defects before closing, leaving them reliant on the warranty for post-closing remedies.
Warranty disputes must be resolved through arbitration rather than court proceedings.
What Buyers Can Do
- Read the full warranty document before signing the purchase agreement. The warranty is often a separate document referenced by the purchase agreement. Request and review the complete warranty, including all exclusions, before signing. Do not rely on verbal summaries.
- Document all defects within the first year. The broadest coverage applies during the first year. Conduct a thorough inspection before the one-year warranty expires and submit all claims in writing with photographs.
- Understand what is excluded. Common exclusions include cosmetic items, landscaping, soil settlement, condensation, and consequential damages. Know what is not covered so you can budget for those items separately.
- Have the full contract scanned before signing. Warranty exclusions interact with habitability waivers, arbitration clauses, and inspection restrictions. A contract scan can identify all related provisions.