How Lennar Uses This Clause
Lennar purchase agreements have been documented to include certificate of occupancy / change order escalation provisions. The contract may state that a certificate of occupancy does not constitute a warranty or guarantee of quality. This undermines a buyer's assumption that a government-approved home meets basic construction standards.
This provision typically appears within the purchase agreement alongside other terms that may limit buyer remedies.
Lennar's scale means contract templates are largely standardized across its operations. A clause identified in one market's contract is likely present in other markets' contracts, though local addenda may modify the terms.
Builder-Specific Details
Combined with Closing Penalty
Certificate of occupancy issues may interact with closing deadlines and associated penalties.
Standard Form Contract
This clause appears in Lennar's 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.
State-by-State Enforceability
Enforceability of this clause varies by state. The following reflects Lennar's operating states.
| State | Status | Note |
|---|---|---|
| Texas | Uncertain | Texas does not have a statewide statute requiring a certificate of occupancy before residential... |
| Florida | Likely Unenforceable | Florida law requires a certificate of occupancy before a building may be occupied. The Florida... |
| California | Likely Unenforceable | California law requires local building officials to issue a certificate of occupancy before a... |
| Arizona | Uncertain | Arizona does not have a single statewide statute mandating certificates of occupancy for residential... |
| Colorado | Uncertain | Colorado does not impose a single statewide CO requirement for residential construction.... |
| Nevada | Uncertain | Nevada does not have a single statewide statute requiring a certificate of occupancy for residential... |
| North Carolina | Likely Unenforceable | North Carolina requires a certificate of occupancy before a building may be occupied under the North... |
| South Carolina | Uncertain | South Carolina requires compliance with the International Building Code and International... |
| Georgia | Uncertain | Georgia requires compliance with state minimum building codes under O.C.G.A. Section 8-2-25, and... |
| Virginia | Likely Unenforceable | Virginia has a mandatory statewide building code, the Virginia Uniform Statewide Building Code... |
| Maryland | Likely Unenforceable | Maryland requires a certificate of occupancy under the Maryland Building Performance Standards (Md.... |
| New Jersey | Likely Unenforceable | New Jersey has a mandatory statewide building code, the New Jersey Uniform Construction Code (UCC),... |
| Tennessee | Uncertain | Tennessee does not mandate a single statewide building code for all jurisdictions. Tenn. Code Ann.... |
| Minnesota | Likely Unenforceable | Minnesota has a mandatory statewide building code, the Minnesota State Building Code, administered... |
| Washington | Likely Unenforceable | Washington has a mandatory statewide building code under the Washington State Building Code Act (RCW... |
| Oregon | Likely Unenforceable | Oregon has a mandatory statewide building code, the Oregon Structural Specialty Code and Oregon... |
| Illinois | Uncertain | Illinois does not have a mandatory statewide residential building code that applies to all... |
| Indiana | Uncertain | Indiana has a statewide building code administered by the Indiana Fire Prevention and Building... |
| Pennsylvania | Likely Unenforceable | Pennsylvania has a mandatory statewide building code, the Pennsylvania Uniform Construction Code... |
| Idaho | Uncertain | Idaho has adopted statewide building codes under Idaho Code Section 39-4109, administered by the... |
| Alabama | Uncertain | Alabama does not have a mandatory statewide residential building code that applies to all... |
| Utah | Likely Unenforceable | Utah has a mandatory statewide building code under the Utah Construction Trades Licensing Act and... |
Related Clauses in Lennar Contracts
This clause often works in combination with other provisions in Lennar's purchase agreements.
Certificate of occupancy issues may interact with closing deadlines and associated penalties.
What Buyers Can Do
- Understand what the certificate of occupancy covers. A CO means the home meets minimum code requirements for occupancy. It does not mean the home is defect-free or that all contracted work is complete.
- Review change order terms. Understand how changes to the original specifications are handled, including pricing, approval, and timeline impacts.
- Have the full contract scanned before signing. This clause is often one of several interconnected provisions in Lennar contracts that collectively limit buyer remedies. A contract scan can identify all of them.