How Ivory Homes Uses This Clause
Ivory Homes purchase agreements have been documented to include restrictive limited warranty exclusion provisions. The builder's warranty contains extensive exclusion lists that carve out common defect categories, potentially leaving buyers without warranty coverage for significant construction issues.
This provision typically appears within the builder's warranty documentation, which is incorporated by reference into the purchase agreement. The practical effect is that many common construction defects may fall outside the scope of warranty coverage.
As Utah's largest homebuilder, Ivory Homes uses standardized warranty terms across its developments. Warranty exclusions identified in one community are likely present in other communities.
Builder-Specific Details
Combined with Habitability Waiver
The express warranty may be the buyer's only remedy if the habitability waiver is enforced. Warranty exclusions further narrow the coverage that remains.
Utah-Only Operations
Ivory Homes operates exclusively in Utah. Utah recognizes an implied warranty of habitability, which may provide protections beyond the builder's express warranty, depending on the enforceability of the habitability waiver.
Standard Form Contract
This clause appears in Ivory Homes' standard warranty documentation, which is generally non-negotiable.
Legal History
The following cases involve Ivory Homes's use of this clause type.
Ivory Homes Warranty Disputes (Utah)
Court records document warranty-related disputes involving Ivory Homes buyers who allege that the builder's warranty exclusions prevented coverage for significant construction defects. These cases reflect broader patterns in Utah new construction warranty claims.
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 express warranty terms, including exclusion provisions, as part of the contract between the parties. However, Utah's implied warranty of habitability provides a baseline level of protection that may not be waivable through warranty exclusions alone, depending on the specific circumstances. |
Related Clauses in Ivory Homes Contracts
This clause often works in combination with other provisions in Ivory Homes's purchase agreements.
The express warranty may be the buyer's only remedy if the habitability waiver is enforced, and warranty exclusions further narrow coverage.
Restricting inspections makes it harder to identify defects before closing, while warranty exclusions limit remedies for defects discovered after closing.
Warranty disputes must be resolved in private arbitration, limiting the buyer's ability to challenge exclusions in court.
What Buyers Can Do
- Read the full warranty exclusion list before signing. The exclusion list defines what the warranty does not cover. Common exclusions may include cosmetic defects, landscaping, settling, and issues attributed to homeowner maintenance.
- Understand the warranty duration for each component. Builder warranties typically have different durations for different components (e.g., one year for workmanship, two years for systems, ten years for structural). Know what is covered and for how long.
- Document all defects within the warranty period. Report any defects in writing as soon as they are discovered. Failure to report within the warranty period may result in a denial of coverage.
- 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.