Overview
M/I Homes operates in Texas with active communities in the Dallas-Fort Worth, Houston, San Antonio, and Austin metropolitan areas. Texas is one of the company's largest growth markets.
Texas law provides a specific legal framework through the Residential Construction Liability Act (RCLA) and the Deceptive Trade Practices Act (DTPA). Texas does not have a statutory implied warranty of habitability, which means M/I Homes' contractual warranty terms carry greater significance for Texas buyers.
How Texas Law Affects Your Contract
The following analysis examines how M/I Homes's documented contract patterns interact with Texas consumer protection law.
Texas Residential Construction Liability Act (RCLA)
The RCLA (Tex. Prop. Code §§ 27.001–27.007) requires homeowners to provide written notice and a 60-day inspection period before filing a construction defect lawsuit. M/I Homes must be given the opportunity to inspect and offer a repair.
No Statutory Implied Warranty of Habitability
Texas does not impose a statutory implied warranty of habitability on new home builders. M/I Homes' express limited warranty is the primary warranty protection for Texas buyers, making coverage windows and exclusions particularly important.
Arbitration Provisions Under Texas Law
Mandatory arbitration clauses are generally enforceable in Texas. Buyers should review M/I Homes' dispute resolution provisions before signing.
Texas Deceptive Trade Practices Act (DTPA)
The DTPA (Tex. Bus. & Com. Code §§ 17.41–17.63) provides buyers with remedies for misleading representations, including treble damages for knowing or intentional conduct. If M/I Homes or M/I Financial made misleading representations, the DTPA may apply.
Texas Legal History
No state-specific litigation involving M/I Homes in Texas has been identified in public records as of this writing.
Relevant Texas Laws
Provides buyers with additional remedies for misleading representations made during the home sales process, including the potential for treble damages in cases of knowing or intentional conduct.
Requires homeowners to provide written notice and a 60-day inspection period before filing a construction defect lawsuit against a builder.
Governs express warranty obligations for residential construction. Texas does not impose a statutory implied warranty of habitability on new home builders.
Texas Key Facts
- 1Texas does not have a statutory implied warranty of habitability for new construction.
- 2Mandatory arbitration clauses are generally enforceable under both the Federal Arbitration Act and the Texas General Arbitration Act.
- 3Texas has no statutory cooling-off period for new construction purchase agreements.
- 4The Texas Residential Construction Commission was abolished in 2009.
- 5The RCLA requires 60-day written notice to the builder before filing a construction defect lawsuit.
- 6The DTPA allows consumers to seek damages for false, misleading, or deceptive acts in the sale of goods and services, including new homes.
What Texas Buyers Should Know
- Comply with the RCLA's 60-day notice requirement. Texas law requires 60 days' written notice to M/I Homes before filing a construction defect lawsuit. Document all defects and send notice via certified mail.
- Understand that Texas has no implied warranty of habitability. Texas does not provide a statutory implied warranty. M/I Homes' express limited warranty is the primary protection, making it essential to understand coverage windows and exclusions.
- Report defects within the one-year workmanship window. M/I Homes provides one year of workmanship coverage. In Texas, where no implied warranty fills gaps, 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.