Overview
| Market Position | Largest privately owned homebuilder in North America; top-25 builder in the United States by closings |
| Ownership | Private (founded 1978 by Peter Gilgan) |
| Headquarters | Milton, Ontario, Canada |
| Affiliated Lender | Mattamy Home Funding |
| U.S. Markets | Dallas, Charlotte, Raleigh, Phoenix, Tucson, Jacksonville, Orlando, Tampa, Sarasota, Naples, Southeast Florida |
| Annual Closings / Revenue (2024) | 3,854 homes / $1.97 billion (source: Builder Magazine) |
Mattamy Homes was founded in 1978 in Burlington, Ontario by Peter Gilgan. The company’s name is a portmanteau of the names of Gilgan’s two oldest children, Matt and Amy. Operating across 11 U.S. markets and four Canadian markets, Mattamy builds more than 8,000 homes per year across both countries. Because the company is privately held, it does not file public SEC disclosures, and financial data is limited to what it voluntarily reports to industry publications.
Mattamy operates an affiliated mortgage lender, Mattamy Home Funding, which works with buyers purchasing Mattamy homes. The builder also operates Mattamy Homes Title Agency, LLC. As with other builder-affiliated lenders, buyers should compare rates and terms with independent lenders before committing.
A 2021 WTSP 10 Investigates report found more than 100 lawsuits with hundreds of complaints filed against Mattamy and its subcontractors across multiple Florida counties for construction defects, with stucco failure and roofing system defects among the most common grievances (source: WTSP, Tampa Bay). Separately, WFTV Action 9 in Orlando documented warranty disputes in which Mattamy required homeowners to sign non-disclosure agreements before performing warranty repairs (source: WFTV, Orlando).
Documented Contract Patterns
The following patterns have been documented in Mattamy Homes purchase agreements. Not every contract contains every clause, and language varies by state and community.
Mandatory Binding Arbitration
Mattamy purchase agreements contain binding arbitration clauses requiring all disputes to be resolved through private arbitration rather than in court. In Evans v. Mattamy Homes Limited (2019 ONSC 3883), the Ontario Superior Court upheld the enforceability of this clause despite buyers arguing it was unconscionable and embedded in a non-negotiable standard form contract. Arbitration eliminates the right to a jury trial and typically limits discovery.
Class Action Lawsuit Waiver
Buyers waive the right to join or participate in class action lawsuits against the builder. This prevents homeowners in the same community from pooling resources to address widespread, systematic defects such as the stucco and roofing failures documented across multiple Florida communities.
Implied Warranty of Habitability Waiver
The contract may require buyers to waive the implied warranty of habitability, a foundational legal protection ensuring homes are safe and livable. Without this warranty, buyers lose their primary legal remedy for defects that render a home uninhabitable. Note: Arizona courts have held such waivers to be against public policy (source: WSHB Law).
Deposit Forfeiture
Mattamy contracts provide that if a buyer breaches the agreement or fails to close, the builder retains the full earnest money deposit as liquidated damages. The contract also includes a ‘speculation clause’ allowing Mattamy to unilaterally terminate and forfeit the deposit if the purchase is found to be for investment rather than personal use.
Consequential Damages Limitation
The contract limits the builder’s liability for consequential and incidental damages. This can prevent buyers from recovering costs for temporary housing, storage, or lost income resulting from construction delays or defects.
Modification and Price Escalation
The builder reserves the right to modify home plans, specifications, and features. In pre-construction agreements, the builder may also adjust pricing based on cost escalations. Buyers may receive a different product than what was initially represented.
Closing Date Pressure / Daily Penalty
If the buyer fails to close by the designated date, a per-day financial penalty may accumulate automatically. This creates pressure to close even when unresolved deficiencies remain. A 2017 Global News investigation found Mattamy pressuring Ontario buyers to close on homes with significant deficiencies, including one case where Hamilton building inspectors initially refused occupancy (source: Global News).
Certificate of Occupancy Irrelevance
The contract may state that a certificate of occupancy does not constitute a warranty or guarantee of quality. This undermines a buyer’s assumption that a government-approved home meets basic construction standards.
NDA Requirement for Warranty Repairs
BBB complaints and WFTV Action 9 reporting document instances where Mattamy required homeowners to sign non-disclosure agreements before performing warranty repairs. In one reported case, the NDA was presented at the homeowner’s dining table with no copy provided; when the homeowner’s attorney requested it, the document grew from four to six pages (source: BBB; WFTV).
Independent Inspection Restriction
The contract limits or discourages independent third-party inspections of the home before closing. Buyers may be restricted to builder-approved inspectors or given narrow inspection windows, reducing the ability to identify defects before taking ownership.
Material Substitution
The builder reserves the right to substitute materials, finishes, and appliances with alternatives deemed comparable at the builder’s sole discretion. Buyers may receive different products than what was shown in the model home or sales materials.
Restrictive Limited Warranty
The Mattamy Limited Warranty covers warrantable items during the first year of home ownership, with structural coverage extending longer. However, numerous exclusions apply including condensation damage, appliance issues, and staining from spills. The warranty is subject to the dispute resolution provisions of the Home Purchase Agreement (source: Mattamy Homes US Warranty Manual, 2021).
Warranty Voiding / Access Requirements
Certain actions by the homeowner, such as failing to perform maintenance on the builder’s schedule or denying property access for inspections, can void the warranty. This shifts the burden of proof and compliance to the buyer.
Affiliated Lender Incentive Tying
Mattamy may offer financial incentives such as closing cost credits or upgraded features contingent on using Mattamy Home Funding. While buyers are not required to use the affiliated lender, declining the incentive can result in a materially different purchase price.
Legal History
Selected cases and investigations involving Mattamy Homes construction quality, contract enforcement, and lending practices.
Reserve at Loch Lake HOA v. Mattamy FL LLC
The Reserve at Loch Lake HOA in Sanford, Florida alleged damages caused by systemic defects and deficiencies in the development, design, and construction of townhomes and common areas. The association described the defects as violations of design, building, and construction practices, approved architectural plans, industry standards, manufacturer requirements, and governmental codes. The case was designated as a Real Property – Construction Defect matter and is now closed (source: UniCourt; WTSP).
Lore et al v. Mattamy Homes, LLC
Multiple related federal lawsuits filed by homeowners against Mattamy Homes in North Carolina. The cases involved construction defect claims. The matter generated two separate docket entries over a two-year period (source: Justia Federal Court Dockets).
Evans v. Mattamy Homes Limited
Five plaintiffs who signed pre-construction purchase agreements in 2017 for homes in Oakville, Ontario challenged the enforceability of the mandatory arbitration clause. The Court upheld the arbitration agreement, finding that the general atmosphere of the sales environment—which required buyers to pick a lot and provide a deposit cheque on the spot—did not amount to undue influence. Individual claims ranged from $1.5M to $2.2M (source: Ontario Superior Court; BLG; McCarthy Tétrault).
Ontario Human Rights Commission Settlement
A home buyer who uses a wheelchair alleged Mattamy’s policies did not appropriately address accessibility modifications upfront in the purchase agreement. In the settlement, Mattamy agreed to create a written protocol for addressing the needs of persons with disabilities, indicate required design modifications in the agreement of purchase and sale, and share the protocol with the Greater Toronto Home Builders’ Association (source: OHRC).
WTSP 10 Investigates: 100+ Florida Lawsuits
A WTSP investigation reviewed court records across multiple Florida counties and found more than 100 lawsuits with hundreds of complaints against Mattamy and its subcontractors for construction defects. Stucco failure, roofing system defects, and building code violations were the most common grievances. Communities affected included The Preserve at La Paloma in Sun City Center (source: WTSP 10 Investigates).
WFTV Action 9: NDA and Warranty Disputes
WFTV Action 9 documented multiple Mattamy homeowner warranty disputes in the Orlando area. Investigations found that Mattamy required homeowners to sign non-disclosure agreements before performing warranty repairs. In one case, an email from the builder’s Orlando president confirmed repairs would proceed but conditioned them on the NDA. Reported defects included roofs that continuously leaked, cracked and peeling stucco, and a toilet connected to a hot water line (source: WFTV Action 9).
What Buyers Should Know
- Read every page of the purchase agreement before signing. Mattamy contracts are standard-form agreements that are not open for negotiation, as confirmed by the Ontario court in Evans v. Mattamy (2019). Key clauses affecting your rights, including arbitration, deposit forfeiture, and warranty limitations, are embedded throughout.
- Hire your own real estate attorney. Do not rely on the builder’s title company or closing agent to explain your rights. An independent attorney can identify problematic clauses, including the binding arbitration provision, before you sign.
- Insist on an independent home inspection. If the contract restricts third-party inspections, negotiate for that right in writing before signing. WFTV reporting documented cases where Mattamy’s internal inspections classified structural issues as merely cosmetic.
- Understand the arbitration clause. Mandatory arbitration eliminates your right to a jury trial and limits discovery. Ontario courts have upheld Mattamy’s arbitration provisions even when buyers argued they had no opportunity to negotiate. Know what you are giving up before you sign.
- Do not sign an NDA to obtain warranty repairs. BBB complaints and investigative reporting document Mattamy requiring NDAs before performing warranty work. Consult an attorney before signing any confidentiality agreement tied to construction defect repairs.
- Document everything in writing. Verbal promises from sales representatives are not enforceable. Get all commitments about upgrades, timelines, and repairs in the contract itself. Photograph and date-stamp any deficiencies found during walkthroughs.
- Be cautious with the affiliated lender. Mattamy may offer incentives to use Mattamy Home Funding. Compare rates and terms with outside lenders before committing, and be aware that lender incentives can mask higher costs elsewhere in the transaction.
- Know your warranty rights and exclusions. Read the warranty document carefully. The Mattamy Limited Warranty contains numerous exclusions and is subject to the contract’s dispute resolution provisions. Understand what is covered, what is excluded, and what actions on your part could void coverage.