How Lennar Uses This Clause
Lennar purchase agreements have been documented to include implied warranty of habitability waiver provisions. The contract may require buyers to waive the implied warranty of habitability, a foundational legal protection ensuring homes are safe and livable. Without this warranty, buyers lose their primary legal remedy for defects that render a home uninhabitable. This clause has been the subject of litigation, including CalAtlantic/Lennar Structural Defects.
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 Mandatory Arbitration
Disputes about the habitability waiver must be resolved in private arbitration, limiting the buyer's ability to challenge it in open court.
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.
Legal History
The following cases involve Lennar's use of this clause type.
CalAtlantic/Lennar Structural Defects
Homes built on the Georgetown model were found to have improperly installed I-joists, causing noticeable floor sagging. Expert evaluation confirmed structural defects requiring remediation across multiple homes in the development.
State-by-State Enforceability
Enforceability of this clause varies by state. The following reflects Lennar's operating states.
| State | Status | Note |
|---|---|---|
| Texas | Not Applicable | Texas does not recognize a common law implied warranty of habitability for new residential... |
| Florida | Likely Unenforceable | Florida recognizes an implied warranty of habitability for newly constructed homes, established by... |
| California | Likely Unenforceable | California provides strong statutory protections for homebuyers through the Right to Repair Act... |
| Arizona | Uncertain | Arizona recognizes an implied warranty of habitability in new home construction, established in... |
| Colorado | Likely Unenforceable | Colorado provides strong statutory protections for new home buyers through the Colorado Construction... |
| Nevada | Likely Unenforceable | Nevada provides robust statutory protections for new home buyers through NRS Chapter 40, which... |
| North Carolina | Uncertain | North Carolina recognizes an implied warranty of habitability in new home construction, established... |
| South Carolina | Likely Unenforceable | South Carolina recognizes an implied warranty of habitability for new residential construction, and... |
| Georgia | Likely Enforceable | Georgia's recognition of the implied warranty of habitability in new construction is limited. The... |
| Virginia | Uncertain | Virginia recognizes an implied warranty of habitability in new residential construction under the... |
| Maryland | Likely Unenforceable | Maryland provides strong implied warranty protections for new home buyers. The Maryland Court of... |
| New Jersey | Likely Unenforceable | New Jersey provides strong protections for new home buyers through the New Home Warranty and... |
| Tennessee | Uncertain | Tennessee recognizes an implied warranty of habitability in new home construction, established in... |
| Minnesota | Likely Unenforceable | Minnesota recognizes a strong implied warranty of habitability for new residential construction... |
| Washington | Likely Unenforceable | Washington recognizes an implied warranty of habitability for new residential construction under... |
| Oregon | Likely Unenforceable | Oregon recognizes an implied warranty of habitability for new residential construction under Yepsen... |
| Illinois | Likely Unenforceable | Illinois recognizes a strong implied warranty of habitability for new residential construction under... |
| Indiana | Uncertain | Indiana recognizes an implied warranty of habitability in new residential construction under Theis... |
| Pennsylvania | Likely Unenforceable | Pennsylvania recognizes a strong implied warranty of habitability for new residential construction... |
| Idaho | Uncertain | Idaho recognizes an implied warranty of habitability for new residential construction under Tusch... |
| Alabama | Likely Enforceable | Alabama's recognition of the implied warranty of habitability in new construction is limited. While... |
| Utah | Uncertain | Utah recognizes an implied warranty of habitability in new residential construction under Davencourt... |
Related Clauses in Lennar Contracts
This clause often works in combination with other provisions in Lennar'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. In states with strong implied warranty protections, the waiver may not hold up in court. Your rights depend heavily on where the home is located.
- Request that the waiver be struck from the contract. Lennar may decline, but making the request in writing creates a record that you did not voluntarily agree to the waiver.
- Review the CalAtlantic/Lennar Structural Defects case. The CalAtlantic/Lennar Structural Defects ruling may be relevant to your situation. If you are buying a Lennar home in a state with similar legal protections, this precedent could affect the enforceability of this clause.
- 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.