How M/I Homes Uses This Clause
M/I Homes purchase agreements have been documented to include daily closing penalty provisions. If the buyer cannot close by the date specified in the purchase agreement, the contract may impose per-day financial penalties or grant the builder the right to terminate and retain the deposit. Buyers should verify whether the contract provides equivalent remedies if the builder causes closing delays.
This provision typically appears within the purchase agreement alongside other terms that may limit buyer remedies. Because M/I Homes operates across multiple states, the enforceability and practical impact of this clause varies depending on where the home is located.
M/I 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 Deposit Forfeiture
Together these create dual financial pressure — daily penalties plus potential deposit loss — to force closing.
Regional Contract Patterns
M/I Homes operates in a more focused geographic footprint. Contract terms may vary somewhat between markets, but documented patterns tend to be consistent across the builder's operating states.
Standard Form Contract
This clause appears in M/I 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 M/I Homes's operating states.
| State | Status | Note |
|---|---|---|
| Ohio | Likely Enforceable | Ohio courts generally enforce per-diem closing penalty provisions when structured as reasonable... |
| Indiana | Likely Enforceable | Indiana courts generally enforce per-diem closing penalty provisions that qualify as reasonable... |
| Michigan | Likely Enforceable | Michigan courts generally enforce per-diem closing penalty provisions when structured as reasonable... |
| Illinois | Uncertain | Illinois courts apply careful scrutiny to liquidated damages provisions in residential contracts.... |
| North Carolina | Likely Enforceable | Daily closing penalty provisions in North Carolina new construction contracts are generally... |
| South Carolina | Likely Enforceable | Daily closing penalty clauses in South Carolina are generally enforceable as liquidated damages when... |
| Florida | Likely Enforceable | Daily closing penalty provisions in Florida new construction contracts are generally enforceable... |
| Texas | Likely Enforceable | Daily closing penalty clauses in Texas new construction contracts are generally enforceable when... |
| Tennessee | Likely Enforceable | Tennessee courts generally enforce per-diem closing penalty provisions when they qualify as... |
| Minnesota | Uncertain | Minnesota courts apply careful scrutiny to liquidated damages provisions in residential contracts.... |
| Virginia | Likely Enforceable | Virginia courts generally enforce per-diem closing penalty provisions when structured as reasonable... |
| Pennsylvania | Likely Enforceable | Pennsylvania courts generally enforce per-diem closing penalty provisions when structured as... |
| Maryland | Uncertain | Maryland applies careful scrutiny to liquidated damages provisions in residential contracts.... |
| Georgia | Likely Enforceable | Georgia generally enforces per-diem closing penalty provisions when structured as liquidated... |
| Colorado | Likely Enforceable | Colorado courts generally enforce per-diem closing penalty provisions when they qualify as... |
Related Clauses in M/I Homes Contracts
This clause often works in combination with other provisions in M/I Homes's purchase agreements.
Together these create dual financial pressure — daily penalties plus potential deposit loss — to force closing.
Closing penalties discourage buyers from delaying to investigate payment discrepancies.
Inspection restrictions combined with closing pressure limit the buyer's ability to identify defects before closing.
Certificate of occupancy issues may interact with closing deadlines and associated penalties.
What Buyers Can Do
- Negotiate the closing timeline. If possible, request a reasonable buffer period rather than a fixed date. Delays caused by the builder's own processes should not trigger buyer penalties.
- Understand the per-day penalty amount. Calculate the total exposure if closing is delayed by a week or more. Daily penalties can add up to significant sums quickly.
- Have the full contract scanned before signing. This clause is often one of several interconnected provisions in M/I Homes contracts that collectively limit buyer remedies. A contract scan can identify all of them.