How Kolter Homes Uses This Clause
Kolter 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 Kolter Homes operates in Florida and South Carolina, the enforceability and practical impact of this clause varies depending on where the home is located.
Kolter Homes uses standardized contract templates across its luxury and active-adult communities. A clause identified in one community's contract is likely present in other communities' contracts, though local addenda may modify the terms.
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.
Luxury and Active-Adult Communities
Kolter Homes focuses on luxury and active-adult communities. The higher price points may increase the financial impact of a habitability waiver on affected buyers.
Standard Form Contract
This clause appears in Kolter 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 Kolter Homes's use of this clause type.
Kolter Homes Construction Defect Claims (Florida)
Homeowners in Kolter Homes communities in Florida have pursued construction defect claims under Florida's Right to Repair Act. These cases involve allegations regarding the adequacy of construction quality and the enforceability of warranty and habitability waiver provisions.
State-by-State Enforceability
Enforceability of this clause varies by state. The following reflects Kolter 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. |
| South Carolina | Likely Unenforceable | South Carolina recognizes an implied warranty of habitability for new residential construction. The South Carolina Supreme Court has addressed habitability waiver provisions in builder contracts, finding certain waivers unconscionable. This precedent may affect the enforceability of this clause. |
Related Clauses in Kolter Homes Contracts
This clause often works in combination with other provisions in Kolter 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
- Check whether your state protects the implied warranty of habitability. Both Florida and South Carolina recognize an implied warranty of habitability. The waiver may not hold up in court in either state.
- Request that the waiver be struck from the contract. Kolter 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 Kolter Homes contracts that collectively limit buyer remedies. A contract scan can identify all of them.