How ICI Homes Uses This Clause
ICI Homes purchase agreements have been documented to include class action waiver provisions. Buyers waive the right to join or participate in class action lawsuits against the builder, forcing individual claims. This means that even if many homeowners experience the same defect or contract issue, each must pursue their claim separately.
This provision typically appears within the purchase agreement alongside the mandatory arbitration clause. Together, these clauses ensure that all disputes are handled individually in private proceedings rather than collectively in court.
As Florida's largest privately-held homebuilder, ICI Homes uses standardized contract templates across its developments. A clause identified in one community's contract is likely present in other communities' contracts.
Builder-Specific Details
Combined with Mandatory Arbitration
The class action waiver and arbitration clause work together to ensure all disputes are handled individually in private proceedings.
Master-Planned Community Impact
In ICI Homes' master-planned communities, widespread defects may affect many homeowners simultaneously. The class action waiver prevents collective legal action in these settings.
Standard Form Contract
This clause appears in ICI Homes' standard purchase agreement, which is generally presented on a take-it-or-leave-it basis.
Legal History
The following cases involve ICI Homes's use of this clause type.
ICI Homes Community Disputes (Florida)
Court records document disputes in ICI Homes communities involving multiple homeowners with similar claims. The class action waiver provisions have been invoked to require individual dispute resolution.
State-by-State Enforceability
Enforceability of this clause varies by state. The following reflects ICI Homes's operating states.
| State | Status | Note |
|---|---|---|
| Florida | Likely Enforceable | Florida courts generally enforce class action waivers, particularly when combined with mandatory arbitration clauses. The U.S. Supreme Court's holding in AT&T Mobility v. Concepcion supports the enforceability of class action waivers in arbitration agreements. |
Related Clauses in ICI Homes Contracts
This clause often works in combination with other provisions in ICI Homes's purchase agreements.
The class action waiver and arbitration clause work together to ensure all disputes are handled individually in private proceedings.
Prevents homeowners from jointly challenging habitability issues, forcing individual claims.
Warranty disputes must be pursued individually, making it harder to challenge systematic warranty denials.
What Buyers Can Do
- Understand how the class action waiver limits your options. Without the ability to join a class action, you must pursue any claim individually. This can make it economically impractical to challenge low-dollar-value issues that affect many homeowners.
- Document issues shared with other homeowners. Even if a class action is not available, documenting that the same issue affects multiple homes can strengthen an individual claim and may support a pattern-of-defect argument.
- Request removal of the class action waiver. ICI Homes may decline, but making the request in writing creates a record of your objection.
- Have the full contract scanned before signing. This clause is often one of several interconnected provisions in ICI Homes contracts that collectively limit buyer remedies. A contract scan can identify all of them.