What is the Appropriate Statute of Limitations for the Implied Warranty of Habitability?
29 Pages Posted: 17 Feb 2012
Date Written: October 2, 2011
The implied warranty of habitability requires that residences be constructed (and in some cases maintained) in a safe and workmanlike manner. This article will focus upon those jurisdictions that do allow the implied warranty of habitability to be transferred to subsequent purchasers. The jurisdictions that have extended the implied warranty of habitability will first be examined in order to identify the specific theories that have been asserted in order to allow the extension of protection. Then efforts to construct or identify appropriate statutes of limitations consistent with these theories will be analyzed. The article will also briefly examine the question of whether a disclaimer can be used to prevent an action based upon the implied warranty of habitability.
Keywords: Habitability, Uniform Land Transactions Act, purchaser, contract/TORT dilemma
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