How Starlight Homes Uses This Clause
Starlight Homes purchase agreements have been documented to include certificate of occupancy / change order escalation provisions. Starlight's warranty and arbitration terms bind not only the original buyer but also successive owners of the home. Subsequent purchasers inherit all contract terms, including mandatory arbitration, without having had any opportunity to negotiate. Source: WFTV Action 9 investigation (Ashton Woods); standard Ashton Woods/Starlight contract terms.
This provision typically appears within the purchase agreement alongside other terms that may limit buyer remedies.
Starlight Homes'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 Closing Penalty
Certificate of occupancy issues may interact with closing deadlines and associated penalties.
Standard Form Contract
This clause appears in Starlight Homes'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.
State-by-State Enforceability
Enforceability of this clause varies by state. The following reflects Starlight Homes's operating states.
| State | Status | Note |
|---|---|---|
| Texas | Uncertain | Texas does not have a statewide statute requiring a certificate of occupancy before residential... |
| Florida | Likely Unenforceable | Florida law requires a certificate of occupancy before a building may be occupied. The Florida... |
| Arizona | Uncertain | Arizona does not have a single statewide statute mandating certificates of occupancy for residential... |
| Georgia | Uncertain | Georgia requires compliance with state minimum building codes under O.C.G.A. Section 8-2-25, and... |
| North Carolina | Likely Unenforceable | North Carolina requires a certificate of occupancy before a building may be occupied under the North... |
| South Carolina | Uncertain | South Carolina requires compliance with the International Building Code and International... |
| Colorado | Uncertain | Colorado does not impose a single statewide CO requirement for residential construction.... |
| Tennessee | Uncertain | Tennessee does not mandate a single statewide building code for all jurisdictions. Tenn. Code Ann.... |
| Alabama | Uncertain | Alabama does not have a mandatory statewide residential building code that applies to all... |
Related Clauses in Starlight Homes Contracts
This clause often works in combination with other provisions in Starlight Homes's purchase agreements.
Certificate of occupancy issues may interact with closing deadlines and associated penalties.
Items that emerge between CO issuance and closing may fall outside punch list scope.
What Buyers Can Do
- Understand what the certificate of occupancy covers. A CO means the home meets minimum code requirements for occupancy. It does not mean the home is defect-free or that all contracted work is complete.
- Review change order terms. Understand how changes to the original specifications are handled, including pricing, approval, and timeline impacts.
- Have the full contract scanned before signing. This clause is often one of several interconnected provisions in Starlight Homes contracts that collectively limit buyer remedies. A contract scan can identify all of them.