How Ivory Homes Uses This Clause
Ivory Homes purchase agreements have been documented to include provisions that limit when, how, or whether the buyer can hire an independent home inspector. These restrictions may limit inspection access to certain construction phases or impose conditions on the inspection process.
This provision typically appears within the purchase agreement alongside warranty and closing terms. The practical effect is to reduce the buyer's ability to independently verify construction quality before closing.
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 Warranty Exclusions
Restricting inspections makes it harder for buyers to identify defects before closing, while warranty exclusions may later limit the builder's obligation to repair defects discovered after closing.
Utah-Only Operations
Ivory Homes operates exclusively in Utah. Utah does not have a specific statute guaranteeing buyers the right to independent inspections of new construction, making the contractual terms particularly important.
Standard Form Contract
This clause appears in Ivory Homes' standard purchase agreement, which is generally presented on a take-it-or-leave-it basis.
Legal History
The following cases involve Ivory Homes's use of this clause type.
Ivory Homes Inspection Disputes (Utah)
Court records document disputes involving Ivory Homes buyers who allege that inspection restrictions prevented them from identifying construction defects before closing. These claims often arise alongside warranty disputes.
State-by-State Enforceability
Enforceability of this clause varies by state. The following reflects Ivory Homes's operating states.
| State | Status | Note |
|---|---|---|
| Utah | Likely Enforceable | Utah does not have a specific statute guaranteeing buyers the right to independent inspections of new construction. Contractual restrictions on inspections are generally enforceable, though buyers retain the right to request inspections and the builder's refusal may be relevant in subsequent defect claims. |
Related Clauses in Ivory Homes Contracts
This clause often works in combination with other provisions in Ivory Homes's purchase agreements.
Restricting inspections makes it harder to identify defects before closing, while warranty exclusions limit remedies for defects discovered after closing.
Inspection restrictions combined with a habitability waiver reduce the buyer's ability to both identify and seek remedies for construction deficiencies.
Without independent inspections, buyers may not discover unauthorized or substandard material substitutions until after closing.
What Buyers Can Do
- Request inspection access at key milestones. Regardless of contract restrictions, request access for independent inspections at pre-drywall, pre-closing, and final walkthrough stages. Document any refusal in writing.
- Hire a qualified inspector familiar with new construction. New construction inspections require different expertise than resale inspections. Choose an inspector experienced with new-build issues common in Utah's climate.
- Document everything during permitted inspections. If inspection access is limited, maximize the value of any permitted inspections with thorough documentation, photographs, and written reports.
- 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.