How ICI Homes Uses This Clause
ICI Homes purchase agreements have been documented to include implied warranty of habitability waiver provisions. The contract may ask buyers to waive their legal right to a home that meets basic livability standards. This means the builder disclaims responsibility for ensuring the home is safe, structurally sound, and fit for occupancy at closing.
This provision typically appears within the purchase agreement alongside other terms that may limit buyer remedies. Because ICI Homes operates exclusively in Florida, the enforceability of this clause depends on Florida state law.
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
Disputes about the habitability waiver must be resolved in private arbitration, limiting the buyer's ability to challenge it in open court.
Florida-Only Operations
ICI Homes operates exclusively in Florida. Florida recognizes an implied warranty of habitability for new construction, which may affect the enforceability of this waiver.
Standard Form Contract
This clause appears in ICI Homes' 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.
Legal History
The following cases involve ICI Homes's use of this clause type.
ICI Homes Construction Defect Claims (Florida)
Homeowners in ICI Homes communities have pursued construction defect claims under Florida's Right to Repair Act. These cases involve allegations regarding construction quality and the enforceability of warranty and habitability waiver provisions under Florida law.
State-by-State Enforceability
Enforceability of this clause varies by state. The following reflects ICI Homes's operating states.
| State | Status | Note |
|---|---|---|
| Florida | Likely Unenforceable | Florida recognizes an implied warranty of habitability for newly constructed homes, established by Gable v. Silver (1972). Florida courts have found habitability waivers unenforceable in some circumstances, providing buyers with protections that may override the contractual waiver. |
Related Clauses in ICI Homes Contracts
This clause often works in combination with other provisions in ICI Homes's purchase agreements.
Disputes about the habitability waiver must be resolved in private arbitration, limiting the buyer's ability to challenge it in open court.
Prevents homeowners from jointly challenging habitability issues, forcing individual claims.
The express warranty may be the buyer's only remedy if the habitability waiver is enforced, and warranty exclusions further narrow coverage.
What Buyers Can Do
- Understand Florida's implied warranty protections. Florida recognizes an implied warranty of habitability for new construction. The waiver in your contract may not hold up in court under Florida law.
- Request that the waiver be struck from the contract. ICI Homes may decline, but making the request in writing creates a record that you did not voluntarily agree to the waiver.
- Document the condition of the home at closing. Thorough documentation at closing, including photographs and a detailed punch list, can support a future habitability claim regardless of the waiver provision.
- 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.