How Maronda Homes Uses This Clause
Maronda Homes purchase agreements have been documented to include class action lawsuit waiver provisions. Maronda Homes' arbitration provisions have been construed to prohibit class-wide arbitration. In Anderson v. Maronda Homes, an arbitrator issued a clause construction award holding that the contract did not permit class action arbitration, even though the agreement contained no explicit language addressing class procedures. The trial court confirmed the award. This forces each buyer to pursue claims individually, which may be cost-prohibitive for community-wide defects. (Source: Anderson v. Maronda Homes Inc. of Florida, Florida 5th DCA, 2012) This clause has been the subject of litigation, including Anderson v. Maronda Homes Inc. of Florida.
This provision typically appears within the purchase agreement alongside other terms that may limit buyer remedies.
Maronda Homes'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
Combined with mandatory arbitration, buyers cannot pursue class relief in any forum.
Standard Form Contract
This clause appears in Maronda Homes'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 Maronda Homes's use of this clause type.
Anderson v. Maronda Homes Inc. of Florida
Vivian Anderson contracted to purchase a new home from Maronda and paid a $10,197 deposit. After the contract was terminated, Maronda returned only $7,697, retaining $2,500 for marketing and carrying costs. Anderson filed claims under the Florida Deceptive and Unfair Trade Practices Act and sought class action arbitration. The arbitrator issued a clause construction award holding that class arbitration was not permitted under the contract, and the trial court confirmed this award. The case illustrates both Maronda's deposit retention practices and the enforcement of its mandatory arbitration clause with class action prohibition. (Source: FindLaw, Florida 5th DCA, Case No. 5D10-3218, 2012)
State-by-State Enforceability
Enforceability of this clause varies by state. The following reflects Maronda Homes's operating states.
| State | Status | Note |
|---|---|---|
| Florida | Likely Enforceable | Class action waivers in Florida new construction contracts are likely enforceable when included in... |
| Ohio | Likely Enforceable | Class action waivers in Ohio new construction contracts are likely enforceable when included in... |
| Pennsylvania | Likely Enforceable | Class action waivers in Pennsylvania new construction contracts are likely enforceable when paired... |
| Georgia | Likely Enforceable | Class action waivers in Georgia new construction contracts are likely enforceable, particularly when... |
Related Clauses in Maronda Homes Contracts
This clause often works in combination with other provisions in Maronda Homes's purchase agreements.
Combined with mandatory arbitration, buyers cannot pursue class relief in any forum.
Homeowners with similar habitability defects cannot combine their claims into a single action.
Individual claims under the liability cap may be too small to pursue, and class aggregation is prohibited.
What Buyers Can Do
- Understand what the class action waiver means for community-wide issues. If multiple homes in your community have the same defect, this clause prevents you from joining together to pursue a shared claim. Each buyer must pursue their claim individually.
- Document everything from the start. If you cannot join a class action, your individual claim must stand on its own. Thorough documentation from before and after closing strengthens your position.
- Review the Anderson case. The Anderson v. Maronda Homes Inc. of Florida ruling may be relevant to your situation. If you are buying a Maronda Homes 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 Maronda Homes contracts that collectively limit buyer remedies. A contract scan can identify all of them.