Overview
A separate, unaffiliated company also named Highland Homes operates in Central Florida. That Florida entity, founded in 1996, was acquired by Clayton Properties Group (a Berkshire Hathaway subsidiary) in May 2019. This profile covers the Florida Highland Homes entity as a distinct operation from the Texas-based Highland Homes.
Florida's Right to Repair Act (Chapter 558), implied warranty protections, and the state's 10-year statute of repose create the legal framework governing Highland Homes' contract provisions in the state. Buyers should confirm which Highland Homes entity they are contracting with and verify the corporate ownership structure.
How Florida Law Affects Your Contract
The following analysis examines how Highland Homes's documented contract patterns interact with Florida consumer protection law.
Corporate Identity Distinction
The Florida Highland Homes entity is a separate company from the Texas-based Highland Homes covered in the primary builder profile. The Florida entity was acquired by Clayton Properties Group, a subsidiary of Berkshire Hathaway. Buyers should confirm which corporate entity appears on their purchase agreement and understand the ownership chain.
Florida Right to Repair Act (Chapter 558)
Florida law requires homeowners to provide written notice and allow the builder an opportunity to inspect and repair before filing suit for construction defects. Highland Homes receives this statutory right to attempt repair before litigation can proceed.
Florida Implied Warranty of Habitability
Florida recognizes an implied warranty of habitability for new residential construction. Highland Homes' contractual warranty limitations may face enforceability challenges under Florida law, particularly for habitability-related defects.
Florida 10-Year Statute of Repose
Florida's statute of repose for construction defect claims is 10 years (Fla. Stat. 95.11(3)(c)). Buyers should document defects promptly upon discovery.
Florida Legal History
No state-specific litigation involving Highland 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
- Confirm which Highland Homes entity you are contracting with. The Florida Highland Homes is a separate company from the Texas-based Highland Homes, owned by Clayton Properties Group (Berkshire Hathaway). Verify the corporate entity on your purchase agreement and understand the ownership structure.
- Know that Florida protects implied warranty rights. Florida courts recognize implied warranties of habitability for new construction. Contractual waivers of implied warranties may be limited in enforceability under Florida law.
- Use Florida's Chapter 558 notice process strategically. Document all defects thoroughly before sending the required statutory notice. The Right to Repair Act gives Highland Homes the first opportunity to repair.
- Hire an independent home inspector before closing. An inspector experienced with Florida construction, including stucco systems, moisture intrusion, and roofing, can identify defects before you take ownership.