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Implied Warranty of Habitability

Tucker Arensberg, P.C.

The Implied Warranty of Habitability: What Landlords Need to Know

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The common law doctrine of the Implied Warranty of Habitability (the “Warranty”) requires a landlord to provide tenants with a habitable dwelling free and clear of defects. While a landlord need not provide a seamless or...more

Snell & Wilmer

The Unwavering Un-waivable Implied Warranty of Workmanship and Habitability in Arizona

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The Arizona Supreme Court recently issued an opinion on the scope of the implied warranty of workmanship and habitability (the “implied warranty”) in contracts between homebuyers and builder/vendors that provides clear...more

White and Williams LLP

Public Policy Prevails: Homebuilders and Homebuyers Cannot Agree to Disclaim Implied Warranty of Habitability in Arizona

White and Williams LLP on

In Zambrano v. M & RC II LLC, et al., 2022 Ariz. LEXIS 309, the Supreme Court of Arizona held that a homebuilder and homebuyer could not waive or disclaim the implied warranty of workmanship and habitability. While the court...more

Snell & Wilmer

Arizona Supreme Court Confirms Importance of Implied Warranties of Workmanship and Habitability

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n late September 2022, Arizona’s Supreme Court issued a new opinion important for any person or company working in residential construction. The Court’s opinion in Zambrano v. M & RC II LLC, et al affirms the importance of...more

Tyson & Mendes LLP

Protections Against Implied Warranty of Habitability Claims Broadened in Illinois

Tyson & Mendes LLP on

For many of us of a certain age, our first exposure to the Latin phrase caveat emptor came from an episode of the classic sitcom, The Brady Bunch. “Let the buyer beware” was the lesson Mr. Brady imparted to Greg for his...more

Snell & Wilmer

Arizona Homebuilders Cannot Disclaim Implied Warranties

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In late July 2021, Arizona’s Court of Appeals explained that homebuilders cannot disclaim the implied warranty of workmanship and habitability. Its opinion in Zambrano v. M & RC II, LLC certainly affects homebuilders, and may...more

Snell & Wilmer

Can a Home Builder Disclaim Implied Warranties of Workmanship and Habitability?

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In a recent Arizona Court of Appeals case, Zambrano v. M & RC II LLC, 2021 WL 3204491 (7/29/2021), the Court of Appeals addressed the question whether a home builder’s attempt to disclaim implied warranties of workmanship and...more

White and Williams LLP

Original and Subsequent Homeowners in Rhode Island Are Subject to the Same Rules for Determining How Long a Breach of Implied...

White and Williams LLP on

In Mondoux v. Vanghel, No. 2018-219, 2021 R.I. LEXIS 2, 2021 WL 264542, the Supreme Court of Rhode Island considered whether to apply the “discovery rule” to toll the ten year statute of limitations in R.I. Laws § 9-1-13(a)...more

Law School Toolbox

Law School Toolbox Podcast Episode 265: Listen and Learn -- Constructive Eviction

Law School Toolbox on

Welcome back to the Law School Toolbox podcast! Today's episode is another installment of our "Listen and Learn" series, where we review legal concepts and apply them to fact patterns. This time we're talking about a topic...more

Conn Kavanaugh

Tenant May Not Recover Personal-Injury Damages Under Implied Warranty of Habitability for Slip and Fall on Icy Driveway

Conn Kavanaugh on

The Facts: Goreham v. Martins, No. SJC 12761, 2020 WL 3407710 (Mass. June 22, 2020) - On a cold day in January 2010, Robert Goreham exited his apartment through the rear fire escape and walked down the building’s driveway...more

Law School Toolbox

Bar Exam Toolbox Podcast Episode 93: Listen and Learn -- Constructive Eviction

Law School Toolbox on

Welcome back to the Bar Exam Toolbox podcast! Today's episode is part of our "Listen and Learn" series, and this time we'll review a topic from real property -- namely, constructive eviction. In this episode, we discuss: ...more

Snell & Wilmer

Know your Obligations: Colorado’s Statutory Expansions of the Implied Warranty of Habitability Are Now in Effect

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The Colorado legislature had a busy session this year. Among the several significant bills it enacted, HB1170 strengthens tenant protections under the implied warranty of habitability. It became effective on August 2, 2019,...more

Brownstein Hyatt Farber Schreck

Changes Coming for Colorado Landlords and Tenants

Colorado’s 2019 legislative session ended with numerous changes impacting the rights and obligations of residential landlords and tenants. Some of these changes are discussed below....more

White and Williams LLP

Illinois Supreme Court Holds That the Implied Warranty of Habitability Does Not Extend to Subcontractors

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The implied warranty of habitability allows a homeowner to recover damages for latent defects that interfere with the intended use of a home. In Sienna Court Condo. Ass’n v. Champion Aluminum Corp., 2018 IL 122022, 2018 Ill....more

Miller Canfield

Illinois Supreme Court Disallows Implied Warranty Claims by Owners Against Subcontractors

Miller Canfield on

The Illinois Supreme Court has overturned over thirty years of precedent in holding that property owners cannot sue subcontractors for implied warranty of habitability claims. Courts have long held that owners receive...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

Homebuyers’ Implied Warranty of Habitability Suit Against Subcontractors Is Frozen out by Illinois Supreme Court

Overruling 35 years of precedent, the Illinois Supreme Court has held that buyers of newly constructed homes cannot sue subcontractors for breach of the implied warranty of habitability. Sienna Court Condominium Association...more

McManis Faulkner

California Residential Leases: Ten Things to Know (Part 2)

McManis Faulkner on

Renting a house or apartment in California presents many potential legal pitfalls for tenants and landlords alike. This article is Part 2 of a two-part series listing ten important rights and responsibilities every...more

Faegre Drinker Biddle & Reath LLP

Residential Builders Prevail in Illinois Supreme Court Decision, Also Benefiting Homebuyers

The Illinois Supreme Court’s May 19 decision in Fattah v. Bim represents a significant victory for residential construction companies and will also benefit homebuyers. In its decision, the Court unanimously defined a common...more

Snell & Wilmer

Developing Issues in Utah Construction Defect Litigation

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Following the Utah Supreme Court’s decision in Davencourt at Pilgrim’s Landing Homeowners’ Association v. Davencourt at Pilgrim’s Landing, which clarified the law regarding the claims for which homeowner’s associations (HOAs)...more

Ballard Spahr LLP

Pennsylvania Supreme Court Rules Only Original Purchasers May Recover Damages for Breach of the Builder’s Implied Warranty of...

Ballard Spahr LLP on

The Pennsylvania Supreme Court ruled that a builder’s implied warranty of habitability extends only to the initial buyer of a home, and not to subsequent purchasers. In Conway v. The Cutler Group, Inc., the Court reversed an...more

Cozen O'Connor

Indiana: New Home Warranties Must Be Insured

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When faced with a subrogation loss involving a new or fairly new house, and a potential construction defect that caused the loss, one of the first things to look for is how warranties can help or hurt your case. Did the...more

Dickinson Wright

Homeowners Cannot Assert Claims Against Subcontractors For Breach Of Implied Warranty

Dickinson Wright on

Since 1979, Arizona courts have recognized an implied warranty of workmanship and habitability (“Implied Warranty”) regarding new home construction. Although a contractual relationship (“privity”) is generally required to...more

Snell & Wilmer

Arizona Supreme Court Has the Final Word—Again—on Economic Loss Doctrine

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Last week, in Sullivan v. Pulte Home Corp., No. CV-12-0419-PR, Arizona’s highest court took on a lingering question about the scope of economic loss doctrine since its landmark decision of Flagstaff Affordable Hous. Ltd....more

Carlton Fields

Weeks Ending July 5 & 12, 2013

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I. FLORIDA STATE CASES - JOURDAN HAYNES - Insurance/Ambiguity: insurance policy ambiguity must be construed against insurer and in favor of coverage without resort to consideration of extrinsic evidence – Washington...more

Snell & Wilmer

Under Construction - December 2012

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In This Issue: Letter from the Editor; Colorado Construction Law Developments in 2012; Arizona Court of Appeals Issues Decision Related to the Application of the Statute of Repose and Economic Loss Doctrine for...more

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