How Tri Pointe Homes Uses This Clause
Tri Pointe Homes purchase agreements have been documented to include certificate of occupancy / change order escalation provisions. Changes to selections or design after contract execution may be subject to significant change order fees and markups. The purchase agreement may grant the builder sole discretion over whether to permit changes and at what cost. Buyers should confirm change order pricing before signing the purchase agreement.
This provision typically appears within the purchase agreement alongside other terms that may limit buyer remedies. Because Tri Pointe Homes operates across multiple states, the enforceability and practical impact of this clause varies depending on where the home is located.
Tri Pointe 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.
Standardized Across Markets
Tri Pointe Homes's scale means contract templates are largely standardized across its operations. This clause identified in one state's contract is likely present in other states' contracts, though local addenda may modify the terms.
Standard Form Contract
This clause appears in Tri Pointe 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 Tri Pointe Homes's operating states.
| State | Status | Note |
|---|---|---|
| California | Likely Unenforceable | California law requires local building officials to issue a certificate of occupancy before a... |
| Colorado | Uncertain | Colorado does not impose a single statewide CO requirement for residential construction.... |
| Arizona | Uncertain | Arizona does not have a single statewide statute mandating certificates of occupancy for residential... |
| Nevada | Uncertain | Nevada does not have a single statewide statute requiring a certificate of occupancy for residential... |
| Texas | Uncertain | Texas does not have a statewide statute requiring a certificate of occupancy before residential... |
| Washington | Likely Unenforceable | Washington has a mandatory statewide building code under the Washington State Building Code Act (RCW... |
| Oregon | Likely Unenforceable | Oregon has a mandatory statewide building code, the Oregon Structural Specialty Code and Oregon... |
| Virginia | Likely Unenforceable | Virginia has a mandatory statewide building code, the Virginia Uniform Statewide Building Code... |
| Maryland | Likely Unenforceable | Maryland requires a certificate of occupancy under the Maryland Building Performance Standards (Md.... |
| North Carolina | Likely Unenforceable | North Carolina requires a certificate of occupancy before a building may be occupied under the North... |
Related Clauses in Tri Pointe Homes Contracts
This clause often works in combination with other provisions in Tri Pointe 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 Tri Pointe Homes contracts that collectively limit buyer remedies. A contract scan can identify all of them.