Overview
M/I Homes operates in Tennessee with active communities in the Nashville metropolitan area.
Tennessee's common-law implied warranty of habitability and the Tennessee Consumer Protection Act provide legal protections for buyers. Tennessee has a 4-year statute of repose from substantial completion, one of the shorter timelines among states where M/I Homes operates.
How Tennessee Law Affects Your Contract
The following analysis examines how M/I Homes's documented contract patterns interact with Tennessee consumer protection law.
Implied Warranty of Habitability
Tennessee courts recognize an implied warranty that new homes will be constructed in a workmanlike manner (Dixon v. Mountain City Construction Co., 632 S.W.2d 538, Tenn. 1982). If M/I Homes' purchase agreement designates the express warranty as the exclusive remedy, the implied warranty may provide additional protections.
Arbitration Provisions Under Tennessee Law
Mandatory arbitration clauses are generally enforceable in Tennessee. Buyers should review M/I Homes' dispute resolution provisions before signing.
Tennessee Consumer Protection Act
The Tennessee Consumer Protection Act (Tenn. Code Ann. § 47-18-101 et seq.) prohibits unfair or deceptive acts and allows treble damages for willful or knowing violations. If M/I Homes or M/I Financial made misleading representations, this statute may apply.
Tennessee Legal History
No state-specific litigation involving M/I Homes in Tennessee has been identified in public records as of this writing.
Relevant Tennessee Laws
Prohibits unfair or deceptive acts in trade and commerce, providing consumers with remedies for misleading practices in the home purchase process.
Tennessee courts recognize an implied warranty that new homes will be constructed in a workmanlike manner and be suitable for habitation.
Construction defect claims must be filed within 4 years from substantial completion of the improvement.
Tennessee Key Facts
- 1Tennessee recognizes an implied warranty of habitability for new construction under common law.
- 2The statute of repose for construction defect claims is 4 years from substantial completion.
- 3Mandatory arbitration clauses are generally enforceable in Tennessee.
- 4Tennessee does not have a statutory right-to-repair or pre-litigation notice requirement.
- 5The Tennessee Board for Licensing Contractors regulates residential builders.
- 6The Consumer Protection Act allows treble damages for willful or knowing violations.
What Tennessee Buyers Should Know
- Know that Tennessee recognizes an implied warranty of habitability. Tennessee courts recognize an implied warranty that new homes will be constructed in a workmanlike manner. This provides protections beyond M/I Homes' express limited warranty.
- Be aware of the 4-year statute of repose. Tennessee has a 4-year statute of repose from substantial completion, one of the shorter timelines in the country. Document and report defects promptly.
- Report defects within the one-year workmanship window. M/I Homes provides one year of workmanship coverage. Defects in paint, drywall, trim, and finishes must be reported within this window.
- 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.