How Perry Homes Uses This Clause
Perry Homes purchase agreements have been documented to include restrictive limited warranty exclusion provisions. The builder's warranty contains extensive exclusion lists that carve out common defect categories from coverage.
Warranty exclusions can significantly narrow the scope of the builder's liability for construction defects. Common exclusions may include cosmetic issues, homeowner maintenance items, normal settling, and defects attributed to site conditions or weather.
Perry Homes operates exclusively in Texas and uses its own purchase agreement rather than the standard TREC form. The warranty exclusion terms may differ from what buyers expect based on standard Texas real estate transactions.
Builder-Specific Details
Combined with Habitability Waiver
Warranty exclusions work in concert with the habitability waiver to limit the builder's overall liability for construction defects. Together, these provisions narrow the scope of buyer remedies.
Texas Expansive-Clay Soils
Texas expansive-clay soils can contribute to foundation movement over time. Warranty exclusions related to soil conditions or normal settling may limit coverage for foundation issues that are common in Texas markets.
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 have involved disputes over warranty coverage, exclusions, 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 courts generally enforce warranty exclusion provisions in residential construction contracts, provided they are clearly stated and not unconscionable. The RCLA framework governs the process for claims that fall outside warranty coverage. |
Related Clauses in Perry Homes Contracts
This clause often works in combination with other provisions in Perry Homes's purchase agreements.
The habitability waiver and warranty exclusions work together to limit the scope of builder liability for construction defects.
Substituted materials may not be covered under the same warranty terms as originally specified materials.
What Buyers Can Do
- Read the full exclusion list carefully. Warranty exclusion lists can be extensive. Identify which common defect categories are excluded and assess whether the remaining coverage is adequate for your home and location.
- Understand the warranty duration for each category. Warranty coverage often has different durations for different defect categories — for example, one year for workmanship, two years for systems, and longer for structural. Know the timelines.
- 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.