Overview
M/I Homes operates in Maryland as part of its Mid-Atlantic presence.
Maryland law provides strong implied warranty protections that cannot be waived by contract. The Maryland Home Builder Registration Act requires builders to register with the state and participate in the Home Builder Guaranty Fund.
How Maryland Law Affects Your Contract
The following analysis examines how M/I Homes's documented contract patterns interact with Maryland consumer protection law.
Implied Warranty of Habitability — Non-Waivable
Maryland law provides strong implied warranty protections for new construction (Md. Code, Real Prop. § 10-203). Courts have held that this warranty cannot be waived by contract. M/I Homes' express limited warranty does not override Maryland's non-waivable implied warranty protections.
Home Builder Registration Act
The Maryland Home Builder Registration Act (Md. Code, Bus. Reg. § 4.5-101 et seq.) requires residential builders to register and participate in the Home Builder Guaranty Fund. Buyers can verify M/I Homes' registration status.
Arbitration Provisions Under Maryland Law
Mandatory arbitration clauses are generally enforceable in Maryland, subject to unconscionability challenges. Buyers should review whether M/I Homes' arbitration clause restricts available remedies under Maryland's non-waivable warranty protections.
Maryland Legal History
No state-specific litigation involving M/I Homes in Maryland has been identified in public records as of this writing.
Relevant Maryland Laws
Maryland law provides strong implied warranty protections for new construction. Courts have held that this warranty cannot be waived by contract in consumer transactions.
Requires residential builders to register with the state and participate in the Home Builder Guaranty Fund, which provides a limited recovery fund for homebuyers.
Prohibits unfair or deceptive trade practices and provides consumers with a private right of action for damages.
Maryland Key Facts
- 1Maryland's implied warranty of habitability cannot be waived by contract.
- 2Builders in Maryland must register with the Home Builder Registration Unit and contribute to the Guaranty Fund.
- 3Mandatory arbitration clauses are generally enforceable in Maryland, subject to unconscionability challenges.
- 4Maryland has a statute of limitations of 3 years for contract claims and a 20-year statute of repose for improvements to real property.
- 5Maryland does not have a statutory right-to-repair or pre-litigation notice requirement for construction defects.
- 6The Consumer Protection Act provides remedies for deceptive practices in new home sales.
What Maryland Buyers Should Know
- Know that Maryland's implied warranty cannot be waived. Maryland's implied warranty of habitability cannot be waived by contract. This provides protections beyond M/I Homes' express limited warranty regardless of what the purchase agreement says.
- Verify M/I Homes' registration with the Home Builder Registration Unit. Maryland requires builders to register and contribute to the Home Builder Guaranty Fund. Verify registration status and understand how to access the fund if needed.
- Understand the 20-year statute of repose. Maryland has a 20-year statute of repose for improvements to real property, one of the longest in the country.
- 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.