Enforceability Status
Express warranty exclusion clauses in Oklahoma new construction contracts are generally enforceable. Oklahoma does not have a comprehensive residential construction defect statute with mandatory warranty minimums. Warranty claims are governed by general contract law, the UCC (Okla. Stat. Title 12A), and the ten-year statute of repose for improvements to real property (Okla. Stat. section 12-109).
Legal Analysis
Oklahoma law permits builders to define the scope of express warranties in residential construction contracts. Under Okla. Stat. Title 12A, section 2-316, sellers may exclude or modify implied warranties through conspicuous disclaimer language. Oklahoma courts enforce warranty limitations consistent with general contract principles.
Oklahoma courts recognize an implied warranty of habitability in new home construction. In Jeanguneat v. Jackie Hames Construction Co. (1978), the Oklahoma Supreme Court held that builders of new homes impliedly warrant that the home is constructed in a workmanlike manner and suitable for habitation.
Okla. Stat. section 12-109 establishes a ten-year statute of repose for claims arising from improvements to real property. This provides a significant window for construction defect claims beyond the builder's typical express warranty periods.
The Oklahoma Consumer Protection Act (Okla. Stat. Title 15, § 751 et seq.) prohibits deceptive trade practices, which may apply to misleading warranty representations. The statute provides actual damages, reasonable attorney's fees, and costs.
Relevant Oklahoma Law
Establishes a ten-year statute of repose for claims arising from improvements to real property.
Prohibits deceptive trade practices, providing actual damages, attorney's fees, and costs for violations.
Governs express and implied warranties in sales transactions, including provisions for exclusion and modification of warranties.
Related Cases
The Oklahoma Supreme Court recognized an implied warranty of habitability in new home construction, holding that builders warrant their homes are suitable for habitation.
Builders in Oklahoma Using This Clause
What Oklahoma Buyers Should Know
- Understand the Implied Warranty of Habitability Oklahoma recognizes an implied warranty that new homes are suitable for habitation. This provides protection for serious defects regardless of the builder's express warranty exclusions.
- Note the Ten-Year Statute of Repose Oklahoma's ten-year statute of repose provides a substantial window for construction defect claims from completion of the improvement.
- Review Climate and Soil Exclusions Oklahoma builder warranties commonly exclude damage from soil expansion, tornado or severe weather events, settling, and homeowner modifications. Soil movement can be a significant issue in Oklahoma.
- Document and Report Issues Promptly Provide written notice to the builder of any defects as soon as they are discovered. Timely reporting preserves your rights under both the express warranty and implied warranty.