Enforceability Status
Express warranty exclusion clauses in Missouri new construction contracts are generally enforceable. Missouri does not have a comprehensive residential construction defect statute with mandatory warranty minimums. Warranty claims are governed by general contract law, the UCC (Mo. Rev. Stat. Ch. 400), and the ten-year statute of repose for improvements to real property (Mo. Rev. Stat. section 516.097).
Legal Analysis
Missouri law permits builders to define express warranty terms in residential construction contracts. Under Mo. Rev. Stat. section 400.2-316, sellers may exclude or modify implied warranties through conspicuous disclaimer language. Missouri courts enforce warranty limitations that meet basic formation requirements.
Missouri courts recognize an implied warranty of habitability in new home construction. In Smith v. Old Warson Development Co. (1972), the Missouri Supreme Court held that builders of new homes impliedly warrant that the home is constructed in a workmanlike manner and suitable for habitation. The court rejected caveat emptor in new home sales.
Mo. Rev. Stat. section 516.097 establishes a ten-year statute of repose for claims arising from improvements to real property. This provides a substantial window for construction defect claims beyond the builder's typical express warranty periods.
The Missouri Merchandising Practices Act (Mo. Rev. Stat. § 407.010 et seq.) prohibits unfair or deceptive practices in consumer transactions. Misleading warranty representations may give rise to claims under this statute, which provides for actual damages and attorney's fees.
Relevant Missouri Law
Establishes a ten-year statute of repose for claims arising from improvements to real property.
Prohibits unfair or deceptive consumer practices, providing actual damages and attorney's fees for violations.
Governs express and implied warranties in sales transactions, including provisions for exclusion and modification of warranties.
Related Cases
The Missouri Supreme Court recognized an implied warranty of habitability in new home construction, rejecting caveat emptor for new home sales.
Builders in Missouri Using This Clause
What Missouri Buyers Should Know
- Understand the Implied Warranty of Habitability Missouri recognizes an implied warranty that new homes are suitable for habitation. This provides baseline protection for serious construction defects regardless of express warranty exclusions.
- Note the Ten-Year Statute of Repose Missouri's ten-year statute of repose provides a substantial window for construction defect claims from completion of the improvement. This may extend well beyond the builder's express warranty period.
- Consider Merchandising Practices Act Remedies Misleading warranty practices may violate the Missouri Merchandising Practices Act, which provides actual damages and attorney's fees as remedies.
- Review All Exclusion Categories Missouri builder warranties commonly exclude cosmetic defects, settling, landscaping, and damage from severe weather or homeowner modifications. Review all exclusions carefully before closing.