How Sabal Homes Uses This Clause
Sabal 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.
This provision typically appears within the purchase agreement alongside other terms that may limit buyer remedies. Warranty exclusions can significantly narrow the scope of defects the builder is obligated to repair after closing.
As a Lowcountry regional builder operating in Charleston, Mount Pleasant, and Summerville, Sabal Homes' contract templates are generally consistent across its markets.
Builder-Specific Details
Combined with Habitability Waiver
The habitability waiver and warranty exclusions together narrow the scope of defects the builder must address. However, the Smith v. D.R. Horton precedent may render the habitability waiver unenforceable in South Carolina.
Combined with Material Substitution
Substituted materials may not be covered under the same warranty terms as originally specified materials.
Standard Form Contract
This clause appears in Sabal Homes' standard purchase agreement, which is generally presented on a take-it-or-leave-it basis. Buyers typically have limited ability to negotiate individual terms, though making the request in writing is still advisable.
State-by-State Enforceability
Enforceability of this clause varies by state. The following reflects Sabal Homes's operating states.
| State | Status | Note |
|---|---|---|
| South Carolina | Likely Enforceable | Express warranty exclusion clauses in South Carolina new construction contracts are generally enforceable. However, the Smith v. D.R. Horton precedent may limit the builder's ability to use warranty exclusions in combination with a habitability waiver to effectively disclaim all liability for construction defects. |
Related Clauses in Sabal Homes Contracts
This clause often works in combination with other provisions in Sabal Homes's purchase agreements.
The habitability waiver and warranty exclusions together narrow the scope of defects the builder must address.
Substituted materials may not be covered under the same warranty terms as originally specified materials.
What Buyers Can Do
- Read the warranty exclusion list carefully. The exclusions may cover common issues like cosmetic defects, drainage problems, HVAC performance, and landscaping. Know what is not covered before you close.
- Understand warranty durations by category. Structural warranties may last 10 years, systems warranties 2 years, and cosmetic warranties just 1 year. Each category has different coverage and exclusions.
- Have the full contract scanned before signing. This clause is often one of several interconnected provisions in Sabal Homes contracts that collectively limit buyer remedies. A contract scan can identify all of them.