How Maronda Homes Uses This Clause
Maronda Homes purchase agreements have been documented to include implied warranty of habitability waiver provisions. Maronda Homes' limited warranty agreement expressly disclaims all implied warranties, including implied warranties of fitness, merchantability, and habitability, to the maximum extent permitted by applicable law. The Florida Supreme Court, however, held in Maronda Homes v. Lakeview Reserve that the implied warranty of habitability extends to essential-services infrastructure (roads, drainage, pipes) in common areas, limiting the enforceability of such disclaimers for community infrastructure. (Source: marondahomes.com/quality-homes/warranty; Maronda Homes v. Lakeview Reserve HOA, 127 So. 3d 1258, Fla. 2013) This clause has been the subject of litigation, including Maronda Homes v. Lakeview Reserve Homeowners Ass'n.
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
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 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.
Maronda Homes v. Lakeview Reserve Homeowners Ass'n
The Florida Supreme Court held that the implied warranties of fitness and merchantability extend to essential-services infrastructure in residential subdivisions, including roads, drainage systems, retention ponds, and underground pipes. Maronda had argued these warranties applied only to the homes themselves, not to common-area infrastructure. After the homeowners association took control of the Lakeview Reserve neighborhood, heavy rainfall revealed structural defects in the drainage system, paved streets, and underground pipes throughout the development. The Court affirmed the Fifth District's reversal of summary judgment in Maronda's favor. This case established binding precedent in Florida for builder liability over common-area construction quality. (Source: Maronda Homes, Inc. of Fla. v. Lakeview Reserve Homeowners Ass'n, 127 So. 3d 1258, Fla. 2013; Justia; FindLaw)
State-by-State Enforceability
Enforceability of this clause varies by state. The following reflects Maronda Homes's operating states.
| State | Status | Note |
|---|---|---|
| Florida | Likely Unenforceable | Florida recognizes an implied warranty of habitability for newly constructed homes, established by... |
| Ohio | Uncertain | Ohio recognizes an implied warranty of habitability for new residential construction under Mitchem... |
| Pennsylvania | Likely Unenforceable | Pennsylvania recognizes a strong implied warranty of habitability for new residential construction... |
| Georgia | Likely Enforceable | Georgia's recognition of the implied warranty of habitability in new construction is limited. The... |
Related Clauses in Maronda Homes Contracts
This clause often works in combination with other provisions in Maronda Homes'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 liability cap reinforces the habitability waiver by capping damages even if the waiver is struck down.
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. Maronda Homes may decline, but making the request in writing creates a record that you did not voluntarily agree to the waiver.
- Review the Maronda Homes case. The Maronda Homes v. Lakeview Reserve Homeowners Ass'n 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.