Overview
Trendmaker Homes operates exclusively in Texas, with active communities in the Houston, Dallas-Fort Worth, Austin, and San Antonio metropolitan areas. Texas is the company's sole market, and all of its operations are subject to Texas law.
As a subsidiary of TRI Pointe Homes (NYSE: TPH) since 2020, Trendmaker's contract terms and warranty provisions may reflect its parent company's corporate practices. Texas's absence of a statutory implied warranty of habitability means the builder's express warranty and contract terms carry particular weight for buyers.
How Texas Law Affects Your Contract
The following analysis examines how Trendmaker Homes's documented contract patterns interact with Texas consumer protection law.
Habitability Waivers Under Texas Law
Texas does not have a statutory implied warranty of habitability for new construction. Trendmaker Homes' habitability waiver clause (HAB-001) may carry more weight in Texas than in states with stronger implied warranty protections. Texas buyers rely primarily on the builder's express warranty and the Deceptive Trade Practices Act for recourse.
Arbitration Enforceability in Texas
Mandatory arbitration clauses are generally enforceable in Texas under both the Federal Arbitration Act and the Texas General Arbitration Act. Trendmaker Homes' arbitration provisions (ARB-001) will typically be upheld. Buyers should understand that signing a contract with an arbitration clause typically waives their right to a jury trial.
RCLA Notice Requirements
Before filing a construction defect lawsuit in Texas, homeowners must provide written notice under the Residential Construction Liability Act (Tex. Prop. Code §§ 27.001–27.007) and allow a 60-day inspection period. This applies regardless of what the purchase agreement says. Failure to comply can limit the damages a buyer may recover.
TRI Pointe Parent Company Influence
Since its acquisition by TRI Pointe Homes in 2020, Trendmaker's contract templates may incorporate elements of TRI Pointe's corporate legal practices. Buyers should review warranty documentation to understand whether TRI Pointe or Trendmaker is the warranting entity and how the parent-subsidiary relationship affects their rights.
Deposit Forfeiture in Texas
Trendmaker Homes' deposit forfeiture provisions (DEP-001) are subject to Texas contract law. Texas courts generally enforce liquidated damages clauses if they are a reasonable estimate of anticipated damages. However, forfeiture provisions that function as penalties rather than reasonable estimates may be challenged.
Texas Legal History
No state-specific litigation involving Trendmaker Homes in Texas has been identified in public records as of this writing.
Relevant Texas Laws
Provides buyers with additional remedies for misleading representations made during the home sales process, including the potential for treble damages in cases of knowing or intentional conduct.
Requires homeowners to provide written notice and a 60-day inspection period before filing a construction defect lawsuit against a builder.
Governs express warranty obligations for residential construction. Texas does not impose a statutory implied warranty of habitability on new home builders.
Texas Key Facts
- 1Texas does not have a statutory implied warranty of habitability for new construction.
- 2Mandatory arbitration clauses are generally enforceable under both the Federal Arbitration Act and the Texas General Arbitration Act.
- 3Texas has no statutory cooling-off period for new construction purchase agreements.
- 4The Texas Residential Construction Commission was abolished in 2009.
- 5The RCLA requires 60-day written notice to the builder before filing a construction defect lawsuit.
- 6The DTPA allows consumers to seek damages for false, misleading, or deceptive acts in the sale of goods and services, including new homes.
What Texas Buyers Should Know
- Understand that Texas lacks a statutory habitability warranty. Unlike many other states, Texas does not guarantee by statute that a newly built home will be habitable. Your protections depend primarily on the builder's express warranty, common law, and the Deceptive Trade Practices Act.
- Know the RCLA notice requirement before considering legal action. Texas law requires 60 days' written notice to the builder before filing a construction defect lawsuit. An attorney familiar with the RCLA can help you comply with this mandatory pre-suit requirement.
- Clarify the warranting entity. Determine whether the warranty is issued by Trendmaker Homes or its parent company TRI Pointe Homes. This affects which entity is responsible for warranty claims and how disputes are resolved.
- Compare lender offers independently. If Trendmaker Homes offers incentives tied to a preferred lender, get quotes from at least two independent lenders and compare total loan costs including rates, fees, and closing costs before deciding.
- Request independent inspections at key milestones. The purchase agreement may attempt to restrict inspections. In practice, Texas buyers can generally arrange for independent inspections at pre-drywall, pre-closing, and final walkthrough stages.