Liability of the Builder-Vendor under the Implied Warranty of Habitability - Where Does It End
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Authors
Friedman, Sandra B.
Issue Date
1980
Volume
13
Issue
Type
Journal Article
Language
Keywords
Alternative Title
Abstract
INTRODUCTION|The legal environment of the housing industry has drastically changed over the past two decades. The traditional rule, which originated in English Common Law, was that no implied warranties of quality existed in the sale of realty. This was the doctrine of caveat emptor, which reigned supreme until relatively recently. The rule has been dethroned, however, with respect to the sale of new homes.|The Supreme Court of Colorado was one of the first tribunals to deprecate the traditional precept and recognize an implied warranty of habitability in the sale of a newly constructed house. Other jurisdictions adopted the modern tenet in rapid succession...
Description
Citation
13 Creighton L. Rev. 593 (1979-1980)
Publisher
Creighton University School of Law