How Westport Homes Uses This Clause
Westport Homes' limited warranty may be designated as the buyer's exclusive remedy, potentially displacing implied warranties of habitability or fitness under Ohio and Indiana state law. Both states recognize implied warranties of habitability in new residential construction.
The implied warranty of habitability provides protections beyond what the builder's express limited warranty covers. By designating the limited warranty as the exclusive remedy, the builder may attempt to limit the buyer's ability to pursue claims based on implied warranties.
The enforceability of habitability waivers varies between Ohio and Indiana. Both states have common-law protections for new construction buyers, and courts may scrutinize attempts to waive these protections in adhesion contracts.
Builder-Specific Details
Ohio Implied Warranty
Ohio courts recognize an implied warranty of habitability for new construction (Mitchem v. Johnson, 1966). Westport Homes' express warranty may attempt to serve as the exclusive remedy, but the implied warranty may provide additional protections.
Indiana Implied Warranty
Indiana courts have recognized implied warranties of habitability in new residential construction. The scope and enforceability of waivers may differ from Ohio.
Express Warranty Limitations
The express limited warranty typically covers workmanship for one year and structural components for a longer period. Items excluded from the express warranty may still be covered by the implied warranty of habitability.
State-by-State Enforceability
Enforceability of this clause varies by state. The following reflects Westport Homes's operating states.
| State | Status | Note |
|---|---|---|
| Ohio | Uncertain | Ohio recognizes an implied warranty of habitability for new construction. Whether Westport Homes can effectively waive this warranty through contract language depends on the specific terms and circumstances. Ohio courts may scrutinize such waivers. |
| Indiana | Uncertain | Indiana recognizes implied warranties of habitability in new residential construction. The enforceability of waivers depends on the specific contract language and circumstances. |
Related Clauses in Westport Homes Contracts
This clause often works in combination with other provisions in Westport Homes's purchase agreements.
Challenges to the habitability waiver must be pursued in arbitration rather than court.
Warranty exclusions work alongside the habitability waiver to narrow the builder's obligations.
Inspection restrictions may limit the buyer's ability to identify habitability defects before closing.
What Buyers Can Do
- Understand the difference between express and implied warranties. The express limited warranty provided by Westport Homes may be narrower than the implied warranty of habitability recognized under Ohio and Indiana common law. Consult an attorney to understand the full scope of your warranty rights.
- Review whether the contract waives implied warranties. Check whether the purchase agreement contains language designating the express warranty as the exclusive remedy or waiving implied warranties. This language has significant implications for your legal rights.
- Document all defects promptly. Regardless of the warranty structure, document all defects in writing as soon as they are discovered. Prompt documentation preserves your rights under both express and implied warranty frameworks.