How Mattamy Homes Uses This Clause
Mattamy Homes purchase agreements have been documented to include implied warranty of habitability waiver provisions. 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).
This provision typically appears within the purchase agreement alongside other terms that may limit buyer remedies.
Mattamy 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 Mattamy 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 Mattamy Homes's operating states.
| State | Status | Note |
|---|---|---|
| Florida | Likely Unenforceable | Florida recognizes an implied warranty of habitability for newly constructed homes, established by... |
| North Carolina | Uncertain | North Carolina recognizes an implied warranty of habitability in new home construction, established... |
| Arizona | Uncertain | Arizona recognizes an implied warranty of habitability in new home construction, established in... |
| Texas | Not Applicable | Texas does not recognize a common law implied warranty of habitability for new residential... |
Related Clauses in Mattamy Homes Contracts
This clause often works in combination with other provisions in Mattamy 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. Mattamy Homes may decline, but making the request in writing creates a record that you did not voluntarily agree to the waiver.
- Have the full contract scanned before signing. This clause is often one of several interconnected provisions in Mattamy Homes contracts that collectively limit buyer remedies. A contract scan can identify all of them.