How Maronda Homes Uses This Clause
Maronda Homes purchase agreements have been documented to include restrictive limited warranty exclusions provisions. Maronda Homes provides a one-year limited warranty on workmanship and materials, and a two-year limited warranty covering internal mechanical systems (plumbing, electrical, HVAC). After these periods expire, the builder has no obligation to repair defects in those categories. BBB complaints document instances of HVAC failures, mold in ductwork, and water intrusion occurring within the warranty period where buyers reported difficulty obtaining timely repairs. (Source: marondahomes.com/quality-homes/warranty; BBB complaint records for Maronda Homes Inc of Florida) 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 Habitability Waiver
If the habitability waiver holds, the limited warranty becomes the sole protection, and exclusions further narrow it.
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)
Cosner v. Maronda Homes
Roman and Jennifer Cosner won a jury verdict of approximately $3.2 million against Maronda Homes after alleging the company knowingly sold them a defective home in Reynoldsburg, Ohio (purchased for $219,000). The jury found that Maronda acted in an 'unfair, deceptive or unconscionable' manner. Court documents showed the south side of the house was not attached to the foundation, incorrect windows caused leaks, and waterproofing was not done properly, leading to toxic mold contamination that forced the family from the home. A separate order required Maronda to pay approximately $700,000 in the family's legal fees. (Source: Claims Journal, May 13, 2008; HOBB.org; Franklin County Court records)
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 | Express warranty exclusion clauses in Florida new construction contracts are generally enforceable.... |
| Ohio | Likely Enforceable | Express warranty exclusion clauses in Ohio new construction contracts are generally enforceable.... |
| Pennsylvania | Likely Enforceable | Express warranty exclusion clauses in Pennsylvania new construction contracts are generally... |
| Georgia | Likely Enforceable | Express warranty exclusion clauses in Georgia new construction contracts are generally enforceable.... |
Related Clauses in Maronda Homes Contracts
This clause often works in combination with other provisions in Maronda Homes's purchase agreements.
If the habitability waiver holds, the limited warranty becomes the sole protection, and exclusions further narrow it.
Even warranty-covered items may be subject to the overall damage limitation.
Warranty exclusions narrow coverage while third-party administration adds procedural barriers to filing claims.
Substituted materials may not be covered under the same warranty terms as originally specified materials.
What Buyers Can Do
- Read the warranty exclusion list carefully. The exclusions may cover common issues like cosmetic defects, drainage problems, HVAC performance, and landscaping. Know what is not covered before you close.
- Understand warranty durations by category. Structural warranties may last 10 years, systems warranties 2 years, and cosmetic warranties just 1 year. Each category has different coverage and exclusions.
- 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.