How Maronda Homes Uses This Clause
Maronda Homes purchase agreements have been documented to include daily closing penalty provisions. Production builder contracts frequently impose financial consequences on buyers who cannot close by the specified date, including per-diem charges, forfeiture of rate locks, or loss of builder incentives. Buyers financing through outside lenders may face additional timeline risk if the builder's preferred closing schedule does not align with the lender's processing timeline. (Source: common production builder contract pattern; buyers should verify in their specific agreement)
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 Deposit Forfeiture
Combined with the deposit-forfeiture clause, delaying past the closing date risks two losses at once — the per-day penalty and the earnest money itself.
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.
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 | Daily closing penalty provisions in Florida new construction contracts are generally enforceable... |
| Ohio | Likely Enforceable | Ohio courts generally enforce per-diem closing penalty provisions when structured as reasonable... |
| Pennsylvania | Likely Enforceable | Pennsylvania courts generally enforce per-diem closing penalty provisions when structured as... |
| Georgia | Likely Enforceable | Georgia generally enforces per-diem closing penalty provisions when structured as liquidated... |
Related Clauses in Maronda Homes Contracts
This clause often works in combination with other provisions in Maronda Homes's purchase agreements.
Combined with the deposit-forfeiture clause, delaying past the closing date risks two losses at once — the per-day penalty and the earnest money itself.
As per-diem fees would accumulate during any extended inspection, proceeding to closing with unresolved questions about construction quality may become the financially rational choice — not because the questions are trivial, but because the cost of further delay exceeds the cost of proceeding.
As per-diem fees accumulate with each day past the scheduled closing, accepting incomplete punch list work may become the financially rational choice — not because the incomplete items are acceptable, but because the cost of further delay exceeds the cost of the unresolved work.
Closing penalties discourage buyers from delaying to investigate payment discrepancies.
What Buyers Can Do
- Negotiate the closing timeline. If possible, request a reasonable buffer period rather than a fixed date. Delays caused by the builder's own processes should not trigger buyer penalties.
- Understand the per-day penalty amount. Calculate the total exposure if closing is delayed by a week or more. Daily penalties can add up to significant sums quickly.
- 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.