How Ivory Homes Uses This Clause
Ivory Homes purchase agreements have been documented to include material substitution provisions. The builder reserves the right to substitute materials with alternatives deemed substantially equivalent, without requiring the buyer's prior approval for each substitution.
This provision typically appears within the purchase agreement alongside construction specifications and selection terms. The practical effect is that the home the buyer closes on may contain different materials than those originally specified or displayed in model homes.
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 Inspection Restrictions
Inspection restrictions may prevent buyers from discovering material substitutions before closing. Without independent verification, buyers rely on the builder's determination of what constitutes a substantially equivalent substitute.
Utah-Only Operations
Ivory Homes operates exclusively in Utah. Utah's climate and seismic conditions may make certain material substitutions more consequential than in other regions.
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 Material Substitution Disputes (Utah)
Court records document disputes involving Ivory Homes buyers who allege that material substitutions resulted in lower quality or different performance characteristics than the originally specified materials.
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 courts generally enforce material substitution provisions, provided the substituted materials are of substantially equivalent quality and function. However, substitutions that materially change the character of the home or do not meet applicable building code requirements may be challenged. |
Related Clauses in Ivory Homes Contracts
This clause often works in combination with other provisions in Ivory Homes's purchase agreements.
Without independent inspections, buyers may not discover unauthorized or substandard material substitutions until after closing.
Warranty exclusions may limit the buyer's remedy if substituted materials fail or underperform.
If substituted materials affect the habitability of the home, the habitability waiver may limit the buyer's ability to seek a remedy.
What Buyers Can Do
- Document all original material selections in writing. Ensure that all material selections, finishes, and specifications are documented in the purchase agreement or an attached exhibit. This creates a baseline for evaluating any substitutions.
- Request written notice of any material substitutions. Ask that the contract require written notice to the buyer before any material substitution is made, including the reason for the substitution and specifications of the replacement material.
- Verify substitutions during inspections. During any permitted inspections, verify that installed materials match the specifications in your contract. Document any discrepancies in writing.
- 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.