Overview
M/I Homes has operated in Florida since 1981 when it expanded into Tampa. The company currently operates in the Tampa, Sarasota, Fort Myers/Naples, and Orlando markets. Court records document multiple construction defect lawsuits against M/I Homes subsidiaries in Florida, including allegations of improper stucco installation and water intrusion.
Florida's Right to Repair Act (Chapter 558) and the state's common-law implied warranty of habitability create a legal framework that provides pre-litigation requirements and baseline protections. Florida courts have found implied warranty of habitability waivers unenforceable in some cases.
How Florida Law Affects Your Contract
The following analysis examines how M/I Homes's documented contract patterns interact with Florida consumer protection law.
Florida Right to Repair Act (Chapter 558)
Florida Statutes §§ 558.001–558.005 require homeowners to provide 60 days' written notice to the contractor before filing a construction defect lawsuit. The builder has the right to inspect and offer a repair.
Implied Warranty of Habitability
Florida courts recognize an implied warranty that new homes will be habitable and constructed in a workmanlike manner (Gable v. Silver, 258 So. 2d 11, Fla. 1972). If M/I Homes' purchase agreement designates the express warranty as the exclusive remedy, this implied warranty may provide additional protections.
Arbitration Provisions Under Florida Law
Mandatory arbitration clauses are generally enforceable in Florida, though specific provisions have been found unconscionable. Buyers should review M/I Homes' dispute resolution provisions before signing.
Florida Deceptive and Unfair Trade Practices Act (FDUTPA)
FDUTPA (Fla. Stat. §§ 501.201–501.213) prohibits unfair or deceptive acts in trade or commerce. If M/I Homes or M/I Financial made misleading representations during the sales process, this statute may provide a cause of action.
Stucco Defect Litigation Pattern
Multiple Florida lawsuits against M/I Homes subsidiaries allege improper stucco installation, including Almodovar v. M/I Homes of Orlando, Sandoval v. M/I Homes of Orlando, and Malik v. M/I Homes of Orlando. M/I Homes has also sued its stucco subcontractors. Florida's building code (Fla. Stat. § 553.73) sets standards that may be relevant to these claims.
Florida Legal History
Selected cases and investigations involving M/I Homes in Florida.
Construction defect lawsuit filed in Hillsborough County Circuit Court on February 12, 2021 (source: UniCourt case record).
Construction defect lawsuit filed in Hillsborough County Circuit Court on April 26, 2021 (source: UniCourt case record).
Construction defect lawsuit filed in Polk County Circuit Court on December 29, 2021 (source: UniCourt case record).
Lawsuit filed in Hillsborough County (Case No. 24-CA-002052) (source: Trellis.Law case record).
Complaint alleging breach of contract and negligence from improper stucco installation, claiming failure to construct in accordance with the Florida Building Code (source: Florida Record).
Complaint alleging breach of contract for improper stucco installation on a Winter Garden home (source: Florida Record).
Relevant Florida Laws
Requires a 60-day written notice to the contractor before filing a construction defect lawsuit, giving the builder an opportunity to inspect and offer a repair.
Florida courts recognize an implied warranty that new homes will be habitable and constructed in a workmanlike manner. Contractual waivers of this warranty may be found unenforceable.
Florida maintains one of the most comprehensive building codes in the United States, with particular emphasis on hurricane and wind resistance standards.
Prohibits unfair or deceptive acts in trade or commerce, providing consumers with a cause of action for misleading representations during the home sales process.
Florida Key Facts
- 1Florida courts have found implied warranty of habitability waivers unenforceable in some cases.
- 2Mandatory arbitration is generally enforceable, though specific provisions have been found unconscionable.
- 3Florida's building code is among the most comprehensive in the U.S., particularly for hurricane resistance.
- 4The right-to-repair statute requires 60-day notice before suing for construction defects.
- 5Florida has a 4-year statute of limitations for construction defect claims and a 10-year statute of repose.
- 6Builders in Florida must be licensed under the Construction Industry Licensing Board.
What Florida Buyers Should Know
- Comply with Florida's 60-day notice requirement. Florida's Right to Repair Act requires 60 days' written notice to the builder before filing a construction defect lawsuit. Document all defects with photographs, dates, and written descriptions.
- Know that Florida recognizes an implied warranty of habitability. Florida courts recognize an implied warranty that new homes will be habitable. This provides protections beyond M/I Homes' express limited warranty.
- Inspect stucco and exterior systems carefully. Multiple Florida lawsuits allege improper stucco installation by M/I Homes. Request an independent inspection of exterior systems, particularly stucco, before closing.
- Be aware of Florida's statutes of limitation and repose. Florida has a 4-year statute of limitations for construction defect claims and a 10-year statute of repose. Document defects promptly.
- Compare M/I Financial with independent lenders. M/I Financial is a wholly owned subsidiary of M/I Homes. Compare rates, fees, and loan terms with at least two independent lenders before committing.