How Stanley Martin Uses This Clause
Stanley Martin purchase agreements have been documented to include class action lawsuit waiver provisions. The 2-10 HBW arbitration framework may prohibit class or representative proceedings, requiring each buyer to pursue claims individually. This can be cost-prohibitive for widespread defects affecting entire communities, as demonstrated by the multiple multi-plaintiff lawsuits filed against Stanley Martin in South Carolina. Source: 2-10 HBW arbitration procedures; Grubbs v. Stanley Martin Homes, Greenville County (2025). This clause has been the subject of litigation, including Plisco v. Stanley Martin Homes, LLC (Fulton Park Flooding).
This provision typically appears within the purchase agreement alongside other terms that may limit buyer remedies.
Stanley Martin's scale means contract templates are largely standardized across its operations. A clause identified in one market's contract is likely present in other markets' contracts, though local addenda may modify the terms.
Builder-Specific Details
Combined with Mandatory Arbitration
Combined with mandatory arbitration, buyers cannot pursue class relief in any forum.
Standard Form Contract
This clause appears in Stanley Martin's 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.
Legal History
The following cases involve Stanley Martin's use of this clause type.
Plisco v. Stanley Martin Homes, LLC (Fulton Park Flooding)
A class action filed on behalf of approximately 120 homeowners in the Fulton Park subdivision in Mount Pleasant, South Carolina, alleging that drainage infrastructure deficiencies caused excessive flooding, property damage, vegetation die-off, and diminished property values. The case (No. 2023-CP-10-01339) involves claims related to the construction of drainage infrastructure in the development. Source: Charleston County court filings; CourtPlus docket.
Grubbs v. Stanley Martin Homes, LLC (Greenbriar Meadows Defects)
A class action filed on behalf of homeowners in the Greenbriar Meadows subdivision in Greenville, South Carolina, alleging widespread construction defects including water intrusion, improper concrete work, and faulty mechanical and electrical systems. The case was filed in October 2025 and has federal court proceedings (Case No. 6:2025cv13855). Source: Justia federal docket; Law.com Radar; Live5 News investigative report.
State-by-State Enforceability
Enforceability of this clause varies by state. The following reflects Stanley Martin's operating states.
| State | Status | Note |
|---|---|---|
| Virginia | Likely Enforceable | Class action waivers in Virginia new construction contracts are likely enforceable when paired with... |
| Maryland | Likely Enforceable | Class action waivers in Maryland new construction contracts are likely enforceable when paired with... |
| Georgia | Likely Enforceable | Class action waivers in Georgia new construction contracts are likely enforceable, particularly when... |
Related Clauses in Stanley Martin Contracts
This clause often works in combination with other provisions in Stanley Martin's purchase agreements.
Combined with mandatory arbitration, buyers cannot pursue class relief in any forum.
Homeowners with similar habitability defects cannot combine their claims into a single action.
Individual claims under the liability cap may be too small to pursue, and class aggregation is prohibited.
What Buyers Can Do
- Understand what the class action waiver means for community-wide issues. If multiple homes in your community have the same defect, this clause prevents you from joining together to pursue a shared claim. Each buyer must pursue their claim individually.
- Document everything from the start. If you cannot join a class action, your individual claim must stand on its own. Thorough documentation from before and after closing strengthens your position.
- Review the Plisco case. The Plisco v. Stanley Martin Homes, LLC (Fulton Park Flooding) ruling may be relevant to your situation. If you are buying a Stanley Martin home in a state with similar legal protections, this precedent could affect the enforceability of this clause.
- Have the full contract scanned before signing. This clause is often one of several interconnected provisions in Stanley Martin contracts that collectively limit buyer remedies. A contract scan can identify all of them.