How Mattamy Homes Uses This Clause
Mattamy Homes purchase agreements have been documented to include material substitution at builder's discretion provisions. The builder reserves the right to substitute materials, finishes, and appliances with alternatives deemed comparable at the builder\u2019s sole discretion. Buyers may receive different products than what was shown in the model home or sales materials.
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 Inspection Restriction
Inspection restrictions make it harder to verify whether substituted materials meet the promised standards.
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 Enforceable | Material substitution clauses in Florida new construction contracts are likely enforceable. Florida... |
| North Carolina | Likely Enforceable | Material substitution clauses in North Carolina new construction contracts are likely enforceable.... |
| Arizona | Likely Enforceable | Material substitution clauses in Arizona new construction contracts are likely enforceable. Arizona... |
| Texas | Likely Enforceable | Material substitution clauses in Texas new construction contracts are likely enforceable. Texas law... |
Related Clauses in Mattamy Homes Contracts
This clause often works in combination with other provisions in Mattamy Homes's purchase agreements.
Inspection restrictions make it harder to verify whether substituted materials meet the promised standards.
Substituted materials may not be covered under the same warranty terms as originally specified materials.
What Buyers Can Do
- Get your selections in writing. Ensure all material selections, finishes, and specifications are documented in the purchase agreement or an addendum, not just shown in a model home.
- Ask about the substitution notification process. Determine whether Mattamy Homes is required to notify you before making substitutions, or whether you discover changes only at closing or after move-in.
- 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.