How Lennar Uses This Clause
Lennar purchase agreements have been documented to include third-party warranty administration / voiding provisions. Certain actions by the homeowner, such as failing to perform maintenance on the builder's schedule or denying property access, can void the warranty. This shifts the burden of proof and compliance to the buyer.
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
Warranty disputes with third-party administrators may also be subject to mandatory arbitration.
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 | Likely Enforceable | Warranty voiding clauses tied to reasonable access requirements are generally enforceable in Texas.... |
| Florida | Likely Enforceable | Florida courts generally enforce warranty voiding provisions that require homeowner cooperation with... |
| California | Uncertain | California imposes significant statutory protections for homebuyers that may limit the... |
| Arizona | Likely Enforceable | Arizona generally enforces warranty voiding provisions that require homeowner cooperation with... |
| Colorado | Likely Enforceable | Colorado enforces warranty voiding clauses that require reasonable homeowner cooperation with... |
| Nevada | Likely Enforceable | Nevada enforces warranty voiding provisions that require homeowner cooperation with builder... |
| North Carolina | Likely Enforceable | North Carolina generally enforces warranty voiding clauses that impose reasonable access and notice... |
| South Carolina | Likely Enforceable | South Carolina enforces warranty voiding provisions that condition coverage on reasonable homeowner... |
| Georgia | Likely Enforceable | Georgia enforces warranty voiding clauses that condition coverage on reasonable homeowner... |
| Virginia | Likely Enforceable | Virginia generally enforces warranty voiding provisions that impose reasonable access conditions.... |
| Maryland | Likely Enforceable | Maryland enforces warranty voiding provisions that condition coverage on reasonable homeowner... |
| New Jersey | Uncertain | New Jersey provides strong statutory warranty protections that may limit the enforceability of... |
| Tennessee | Likely Enforceable | Tennessee enforces warranty voiding provisions that require reasonable homeowner cooperation.... |
| Minnesota | Uncertain | Minnesota provides statutory warranty protections that may limit the enforceability of warranty... |
| Washington | Uncertain | Washington provides significant statutory protections for homebuyers that may limit the... |
| Oregon | Uncertain | Oregon provides notable consumer protections that may limit the enforceability of warranty voiding... |
| Illinois | Likely Enforceable | Illinois generally enforces warranty voiding provisions that condition coverage on reasonable... |
| Indiana | Likely Enforceable | Indiana enforces warranty voiding provisions that condition coverage on reasonable access and... |
| Pennsylvania | Likely Enforceable | Pennsylvania enforces warranty voiding provisions that impose reasonable access conditions.... |
| Idaho | Likely Enforceable | Idaho generally enforces warranty voiding provisions that impose reasonable access and notice... |
| Alabama | Likely Enforceable | Alabama generally enforces warranty voiding provisions that impose reasonable access and notice... |
| Utah | Likely Enforceable | Utah enforces warranty voiding provisions that condition coverage on reasonable homeowner... |
Related Clauses in Lennar Contracts
This clause often works in combination with other provisions in Lennar's purchase agreements.
Warranty disputes with third-party administrators may also be subject to mandatory arbitration.
Third-party warranty administration may apply its own exclusions on top of the builder's warranty limitations.
What Buyers Can Do
- Understand the third-party warranty administrator. The warranty may be administered by a third party rather than the builder directly. Know who to contact, what the claims process looks like, and what actions can void coverage.
- Review warranty voiding conditions. Certain modifications to the home, failure to perform maintenance, or even hiring non-approved contractors may void all or part of the warranty.
- 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.