How Perry Homes Uses This Clause
Perry Homes purchase agreements have been documented to include implied warranty of habitability waiver provisions. The contract may ask buyers to waive their legal right to a home that meets basic livability standards, replacing the implied warranty with a limited express warranty controlled by the builder.
The implied warranty of habitability is a common-law protection that requires new homes to be built in a workmanlike manner and be suitable for habitation. Waiving this protection shifts the burden to the buyer to prove defects fall within the builder's limited warranty terms.
Perry Homes operates exclusively in Texas and uses its own purchase agreement rather than the standard TREC form. Texas law allows builders to substitute express warranties for implied warranties in residential construction contracts, provided the express warranty meets certain minimum standards.
Builder-Specific Details
Combined with Warranty Exclusions
The habitability waiver works in concert with extensive warranty exclusion lists that carve out common defect categories, further limiting buyer remedies.
Non-Standard Purchase Agreement
Perry Homes uses its own purchase agreement rather than the standard TREC form. The habitability waiver is part of a comprehensive set of contract provisions that collectively define buyer rights and remedies.
Legal History
The following cases involve Perry Homes's use of this clause type.
Perry Homes Construction Defect Claims (Texas)
Multiple homeowners have filed construction defect claims against Perry Homes under the Texas RCLA. These claims involve disputes over warranty coverage and the scope of the builder's obligations.
State-by-State Enforceability
Enforceability of this clause varies by state. The following reflects Perry Homes's operating states.
| State | Status | Note |
|---|---|---|
| Texas | Likely Enforceable | Texas allows builders to substitute express warranties for implied warranties in residential construction contracts, provided the express warranty meets certain minimum standards. Perry Homes' habitability waiver is likely enforceable under Texas law. |
Related Clauses in Perry Homes Contracts
This clause often works in combination with other provisions in Perry Homes's purchase agreements.
The habitability waiver works in concert with warranty exclusions to limit the scope of builder liability for construction defects.
Disputes over habitability issues must be resolved through arbitration rather than court if the contract includes a mandatory arbitration clause.
What Buyers Can Do
- Understand what the implied warranty of habitability covers. The implied warranty requires that a new home be built in a workmanlike manner and be suitable for habitation. Waiving this protection means you rely solely on the builder's limited express warranty.
- Compare the express warranty to the implied warranty. Review Perry Homes' express warranty to determine whether it provides comparable or lesser protection than the implied warranty Texas law would otherwise provide.
- Have the full contract scanned before signing. This clause is often one of several interconnected provisions in Perry Homes contracts that collectively limit buyer remedies. A contract scan can identify all of them.