A three-judge Pennsylvania Superior Court panel, in the nonprecedential decision of Streiner v. Baker Residential of Pennsylvania, No. 1253 EDA 2015, filed June 9, recently affirmed a Chester County trial court judge’s decision to award summary judgment to a home builder, holding that the homeowner’s sales agreement for the newly constructed house disclaimed any implied warranty for merchantability, fitness for a particular purpose, reasonable workmanship or habitability and found that the disclaimer did not render the sales agreement unconscionable.
The operative facts are fairly straightforward. Patricia Streiner signed a sales agreement for the purchase of a newly constructed home built by Baker Residential of Pennsylvania and Iacoabucci Fortress in July 2003; the settlement occurred on Oct. 1, 2003. Allegedly, after taking possession, she became aware of structural defects in the home, existing at the time of settlement. In her two-count complaint, Streiner alleged both negligent misrepresentation/failure to disclose material defects and breach of implied warranty of habitability, reasonable workmanship and fitness for particular purpose. As to her negligent misrepresentation claim, Streiner states that essentially the defendant had knowledge of material defects that it failed to disclose.
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