How Mattamy Homes Uses This Clause
Mattamy Homes purchase agreements have been documented to include restrictive limited warranty exclusions provisions. 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). This clause has been the subject of litigation, including Reserve at Loch Lake HOA v. Mattamy FL LLC.
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 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 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.
Legal History
The following cases involve Mattamy Homes's use of this clause type.
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 \u2013 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).
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\u2019s 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).
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 | Express warranty exclusion clauses in Florida new construction contracts are generally enforceable.... |
| North Carolina | Likely Enforceable | Express warranty exclusion clauses in North Carolina new construction contracts are generally... |
| Arizona | Likely Enforceable | Express warranty exclusion clauses in Arizona new construction contracts are generally enforceable.... |
| Texas | Likely Enforceable | Express warranty exclusion clauses in Texas new construction contracts are generally enforceable.... |
Related Clauses in Mattamy Homes Contracts
This clause often works in combination with other provisions in Mattamy 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.
Items not captured on the punch list may fall outside warranty exclusions, leaving the buyer without recourse.
Without independent inspection, defects may go undiscovered until after warranty exclusion periods expire.
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 Reserve at Loch Lake HOA case. The Reserve at Loch Lake HOA v. Mattamy FL LLC ruling may be relevant to your situation. If you are buying a Mattamy 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 Mattamy Homes contracts that collectively limit buyer remedies. A contract scan can identify all of them.