Overview
Taylor Morrison is one of the larger homebuilders in Florida, with communities across Orlando, Tampa, Jacksonville, Sarasota, and Southwest Florida. The company's 2018 acquisition of AV Homes added active-adult communities in Florida, including the Solivita development in Osceola County.
Florida's combination of strong consumer protection statutes, recognized implied warranty of habitability, and comprehensive building code requirements creates a legal framework that interacts with several Taylor Morrison contract provisions. The company has faced significant litigation in Florida, including a $7.3 million judgment at Alaqua Lakes and a $55 million expected liability related to the Solivita class action.
How Florida Law Affects Your Contract
The following analysis examines how Taylor Morrison's documented contract patterns interact with Florida consumer protection law.
Implied Warranty of Habitability in Florida
Florida courts recognize an implied warranty of habitability for new construction (Gable v. Silver, 258 So. 2d 11, Fla. 1972). Taylor Morrison's habitability waiver clause (HAB-001) may face enforceability challenges in Florida. In Wiener v. Taylor Morrison Services (2019), the Florida DCA addressed warranty scope boundaries in the context of stucco defects.
Warranty Scope and Arbitrability — Wiener v. Taylor Morrison
In Wiener v. Taylor Morrison Services (Fla. DCA, 2019), the court reversed a trial court's order compelling arbitration, finding that the homeowner's stucco defect claims fell outside the specific coverage limitations of the ten-year structural warranty (WAR-001). This ruling establishes that the plain language of the warranty determines which issues are arbitrable in Florida.
Right to Repair Notice Requirement
Florida's Construction Defect Statute (Fla. Stat. §§ 558.001-558.005) requires a 60-day written notice to the builder before filing a construction defect lawsuit. This statutory requirement applies in addition to any notice provisions in the Taylor Morrison purchase agreement.
Community-Level Litigation Risks
Taylor Morrison has faced significant community-level disputes in Florida. At Alaqua Lakes in Seminole County, a jury awarded $3.8 million for negligent design and construction of roadways and drainage, with a final judgment of $7.3 million after pre-judgment interest. At Solivita in Osceola County, a class action over club membership fees resulted in a $22.6 million settlement in 2026, following Taylor Morrison's disclosure of an expected $55 million liability.
FDUTPA and Affiliated Lender Practices
The Florida Deceptive and Unfair Trade Practices Act (Fla. Stat. §§ 501.201-501.213) may provide remedies for buyers who allege they were misled about financing terms through Taylor Morrison Home Funding (LEN-001). Inspired Title Services, the affiliated title company, has generated over $20 million in gross revenue across nine states.
Florida Legal History
Selected cases and investigations involving Taylor Morrison in Florida.
Wiener v. Taylor Morrison Services, Inc.
Homeowners alleged stucco installation violated the Florida Building Code. The appellate court reversed the trial court's order compelling arbitration, holding that the stucco defect claims fell outside the scope of the ten-year structural warranty's arbitration clause.
Alaqua Lakes Community Association v. Taylor Morrison
An HOA sued for negligent design and construction of roadways and drainage systems. A jury awarded $3.8 million, and the court entered a final judgment of $7,287,782.13 after adding approximately $3.4 million in pre-judgment interest.
Solivita Club Membership Fee Class Action
A class action against Avatar Properties (acquired by Taylor Morrison via AV Homes in 2018) alleged that collection of club membership fees violated Florida homeowner association laws. The trial court awarded nearly $35 million in reimbursements. The parties reached a $22.6 million settlement in February 2026.
Relevant Florida Laws
Requires a 60-day written notice to the contractor before filing a construction defect lawsuit, giving the builder an opportunity to inspect and offer a repair.
Florida courts recognize an implied warranty that new homes will be habitable and constructed in a workmanlike manner. Contractual waivers of this warranty may be found unenforceable.
Florida maintains one of the most comprehensive building codes in the United States, with particular emphasis on hurricane and wind resistance standards.
Prohibits unfair or deceptive acts in trade or commerce, providing consumers with a cause of action for misleading representations during the home sales process.
Florida Key Facts
- 1Florida courts have found implied warranty of habitability waivers unenforceable in some cases.
- 2Mandatory arbitration is generally enforceable, though specific provisions have been found unconscionable.
- 3Florida's building code is among the most comprehensive in the U.S., particularly for hurricane resistance.
- 4The right-to-repair statute requires 60-day notice before suing for construction defects.
- 5Florida has a 4-year statute of limitations for construction defect claims and a 10-year statute of repose.
- 6Builders in Florida must be licensed under the Construction Industry Licensing Board.
What Florida Buyers Should Know
- Understand Florida's implied warranty protections. Florida courts recognize an implied warranty of habitability for new construction. Taylor Morrison's contractual waiver of this warranty may be unenforceable, meaning you may retain legal protections beyond the builder's express warranty.
- Research community-level litigation history. Taylor Morrison has faced significant community-level disputes in Florida including a $7.3 million judgment at Alaqua Lakes and a $55 million expected liability at Solivita. Check county court records and HOA meeting minutes for pending or resolved disputes in your target community.
- Comply with the Right to Repair notice requirement. Florida law requires 60 days' written notice to the builder before filing a construction defect lawsuit. Document all defects in writing and send notice via certified mail.
- Verify wind-resistance ratings and building code compliance. Florida's building code has specific hurricane resistance requirements. Request documentation confirming that your home meets the applicable wind-load and impact-resistance standards, particularly if materials were substituted under MAT-001.
- Compare Taylor Morrison Home Funding with independent lenders. Taylor Morrison offers incentives for using its affiliated lender (LEN-001). Compare rates, fees, and loan terms with at least two independent lenders. Verify that quoted monthly payments include property taxes, homeowner's insurance (including hurricane coverage), flood insurance if applicable, and HOA fees.