How Trendmaker Homes Uses This Clause
Trendmaker Homes purchase agreements have been documented to include provisions that may waive or limit the implied warranty of habitability. This clause is particularly significant in Texas, which does not have a statutory implied warranty of habitability for new construction.
Because Texas law does not provide a statutory habitability warranty, the builder's express warranty and contract terms carry particular weight. A habitability waiver in a Trendmaker Homes contract may effectively eliminate a protection that buyers in other states take for granted.
Buyers should understand that signing a habitability waiver in Texas means their protections depend primarily on the builder's express warranty, common law, and the Deceptive Trade Practices Act.
Builder-Specific Details
Texas Law Context
Texas does not have a statutory implied warranty of habitability for new construction. This makes the contractual habitability waiver more significant than it would be in states that recognize implied warranties by statute.
Combined with Mandatory Arbitration
If a buyer wants to challenge the habitability waiver, the dispute must typically be resolved through arbitration rather than in court.
TRI Pointe Corporate Practices
As a subsidiary of TRI Pointe Homes, Trendmaker's habitability waiver provisions may reflect the parent company's contract templates and legal strategy.
State-by-State Enforceability
Enforceability of this clause varies by state. The following reflects Trendmaker Homes's operating states.
| State | Status | Note |
|---|---|---|
| Texas | Likely Enforceable | Texas does not have a statutory implied warranty of habitability for new construction. Habitability waiver clauses in Texas new construction contracts are generally enforceable. Buyers rely on the builder's express warranty and the Deceptive Trade Practices Act. |
Related Clauses in Trendmaker Homes Contracts
This clause often works in combination with other provisions in Trendmaker Homes's purchase agreements.
Challenges to the habitability waiver must be pursued in arbitration rather than court.
Warranty exclusions may further narrow the protections that remain after the habitability waiver.
What Buyers Can Do
- Understand what the habitability waiver means in Texas. Because Texas lacks a statutory implied warranty of habitability, signing this waiver means your protections depend primarily on the builder's express warranty and the Deceptive Trade Practices Act.
- Review the express warranty carefully. With the implied warranty waived, the builder's express warranty becomes your primary protection. Understand what it covers, what it excludes, and how long it lasts.
- Have the full contract scanned before signing. This clause is often one of several interconnected provisions that collectively limit buyer remedies. A contract scan can identify all of them.