How Ivory Homes Uses This Clause
Ivory 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 Ivory Homes operates exclusively in Utah, the enforceability of this clause depends on Utah state law.
As Utah's largest homebuilder, Ivory 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.
Utah-Only Operations
Ivory Homes operates exclusively in Utah, meaning all contracts are governed by Utah law. The enforceability of this clause depends on Utah's recognition of the implied warranty of habitability and its approach to contractual waivers.
Standard Form Contract
This clause appears in Ivory 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 Ivory Homes's use of this clause type.
Ivory Homes Construction Defect Claims (Utah)
Multiple homeowners in Ivory Homes communities have pursued construction defect claims in Utah state courts. These cases involve allegations regarding the adequacy of construction quality and the builder's warranty obligations under Utah law.
State-by-State Enforceability
Enforceability of this clause varies by state. The following reflects Ivory Homes's operating states.
| State | Status | Note |
|---|---|---|
| Utah | Uncertain | Utah recognizes an implied warranty of habitability for new residential construction. Utah courts have held that builders warrant a new home is constructed in a workmanlike manner. However, Utah law permits certain contractual modifications to warranty terms, and the enforceability of a specific waiver depends on whether it is deemed unconscionable under the circumstances. |
Related Clauses in Ivory Homes Contracts
This clause often works in combination with other provisions in Ivory 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 Utah's implied warranty protections. Utah recognizes an implied warranty of habitability for new construction. This baseline protection exists under state law, though the scope of contractual waivers is subject to interpretation.
- Request that the waiver be struck from the contract. Ivory 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 Ivory Homes contracts that collectively limit buyer remedies. A contract scan can identify all of them.