Overview
Maronda Homes operates in Ohio markets, building affordable single-family homes. Ohio is notable as the state where Maronda faced its largest jury verdict, a $3.2 million award in Cosner v. Maronda Homes (Franklin County, 2008), for knowingly selling a defective home.
Ohio's Consumer Sales Practices Act and the state's recognition of implied warranty protections shape how Maronda's contract provisions are enforced. Ohio courts have awarded substantial damages where builders engaged in unfair or deceptive practices.
How Ohio Law Affects Your Contract
The following analysis examines how Maronda Homes's documented contract patterns interact with Ohio consumer protection law.
Ohio Consumer Sales Practices Act
The Ohio Consumer Sales Practices Act (Ohio Rev. Code 1345.01 et seq.) prohibits unfair, deceptive, or unconscionable consumer sales practices. In Cosner v. Maronda Homes, the jury found that Maronda acted in an 'unfair, deceptive or unconscionable' manner, resulting in a $3.2 million verdict. This statute provides a significant remedy for buyers subjected to deceptive builder practices.
Ohio Implied Warranty of Habitability
Ohio recognizes an implied warranty of habitability for new residential construction. Maronda's express disclaimer of implied warranties (HAB-001) may face enforceability limitations under Ohio law, particularly given the Cosner verdict documenting severe defects including foundation detachment and toxic mold.
Arbitration Enforceability in Ohio
Ohio courts generally enforce pre-dispute arbitration agreements, though the Ohio Supreme Court has set limits on unconscionable arbitration provisions. Buyers should review whether Maronda's fee-shifting arbitration clause documented in Florida cases is also included in Ohio contracts.
Ohio 10-Year Statute of Repose
Ohio's statute of repose for construction defect claims is 10 years from substantial completion (Ohio Rev. Code 2305.131). Given that the Cosner case documented latent defects including improper waterproofing and toxic mold, buyers should maintain thorough documentation throughout the repose period.
Ohio Legal History
Selected cases and investigations involving Maronda Homes in Ohio.
Relevant Ohio Laws
Ohio courts recognize an implied warranty of habitability for new construction, requiring homes to be fit for habitation at the time of sale.
Prohibits unfair or deceptive acts in consumer transactions and provides a private right of action for consumers.
Construction defect claims must generally be filed within 10 years of substantial completion.
Ohio Key Facts
- 1Ohio courts recognize an implied warranty of habitability for new construction.
- 2Ohio has a 10-year statute of repose for construction defect claims.
- 3Mandatory arbitration clauses are generally enforceable in Ohio.
- 4Ohio does not have a statutory right-to-repair or pre-litigation notice requirement for construction defects.
- 5Ohio does not require a state-level residential builder license, though some municipalities impose local requirements.
- 6The Consumer Sales Practices Act provides remedies for deceptive practices in home sales.
What Ohio Buyers Should Know
- Know that Ohio provides strong consumer protection remedies. The Ohio Consumer Sales Practices Act has been successfully used against Maronda, resulting in a $3.2 million jury verdict. If you believe the builder engaged in unfair or deceptive practices, this statute provides significant remedies.
- Hire an independent inspector at pre-drywall and pre-closing stages. The Cosner case documented severe structural defects including foundation detachment, incorrect window installation, and improper waterproofing. Independent inspections at key construction milestones can identify these issues before they are concealed.
- Understand the split warranty structure. Maronda handles year-one workmanship claims directly, but the 10-year structural warranty is administered by 2-10 Home Buyers Warranty. Know which entity covers which defects and understand each company's claims process.
- Document all defects with photos and written correspondence. Given Maronda's express disclaimer of consequential damages and implied warranties, thorough documentation from day one strengthens your position under Ohio's consumer protection statutes.