How Highland Homes Uses This Clause
Highland Homes purchase agreements have been documented to include material substitution at builder's discretion provisions. Like most Texas production builders, Highland Homes' contract grants the builder discretion to substitute materials, finishes, or appliances with alternatives the builder deems comparable. This is standard industry language, but it means the home delivered at closing may differ from what was shown in the model home or original specifications.
This provision typically appears within the purchase agreement alongside other terms that may limit buyer remedies.
Highland 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
Combined with Warranty Exclusions
Substituted materials may not be covered under the same warranty terms as originally specified materials.
Standard Form Contract
This clause appears in Highland 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 Highland Homes's operating states.
| State | Status | Note |
|---|---|---|
| Texas | Likely Enforceable | Material substitution clauses in Texas new construction contracts are likely enforceable. Texas law... |
| Florida | Likely Enforceable | Material substitution clauses in Florida new construction contracts are likely enforceable. Florida... |
Related Clauses in Highland Homes Contracts
This clause often works in combination with other provisions in Highland Homes's purchase agreements.
Substituted materials may not be covered under the same warranty terms as originally specified materials.
What Buyers Can Do
- Get your selections in writing. Ensure all material selections, finishes, and specifications are documented in the purchase agreement or an addendum, not just shown in a model home.
- Ask about the substitution notification process. Determine whether Highland Homes is required to notify you before making substitutions, or whether you discover changes only at closing or after move-in.
- Have the full contract scanned before signing. This clause is often one of several interconnected provisions in Highland Homes contracts that collectively limit buyer remedies. A contract scan can identify all of them.