In this case of first impression, the court found "no logical reason to limit a builder's implied warranty to his immediate vendee" and extended it beyond the initial user-purchaser of a home to a subsequent purchaser; privity of contract was not required and the risk of latent defects affecting habitability remained with the party who built the home. Reversed.
November 13, 2012 at 12:00 AM
1 minute read
TORTS
First Impression Implied Warranty of Habitability Second or Subsequent Purchaser Privity of Contract NotRequired
Conway v. The Cutler Group, Inc., PICS Case No. 12-2102 (Pa. Super. Nov. 5, 2012) Mundy, J. (16 pages).
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