implied warranty of habitability

• The implied warranty of habitability in Illinois: a critical review: this article reviews the implied warranty of habitability for Illinois homebuyers from the perspective of counsel for builders and sellers. It also discusses important unanswered questions about the warranty.

[ILLUSTRATION OMITTED] The express promises that any seller makes in a sales contract help establish the nature and scope of the seller's potential ...

• Illinois Bar Journal
• Vol. 98 Nbr. 2, January - February 2010

• Shorter v. Neapolitan, (Ohio 2008)

Personal property damage to leased premises due to electrical fire; landlord liability; 2-year statute of limitations for personal property damage; implied warranty of habitability; R.C. 2305.10; R.C. 5321.04(A).

• Ohio Supreme Court

• Utah Now Recognizes Implied Warranties in New Residential Construction

[...] Durham wrote, the implied warranty doesn't make builder-vendors or developer-vendors the insurers against any and all defects in a home, as no house is built without defects. [...] the warranty is not intended to alleviate buyers of their duty to inspect residential construction or negotiate for express warranties. [...] to establish a breach of implied warranty of workmanlike manner or habitability in Utah, a plaintiff must now show that: * There was a purchase from a builder-vendor or developer-vendor, * That the residence contained a latent defect, * That the defect manifested itself after the purchase, * That the defect was caused by improper design, material or workmanship, and * That the defect created a question of safety or made the house unfit for human habitation.

• The Enterprise, (Salt Lake City)
• October 30, 2009

• Massachusetts Supreme Judicial Court Rules Landlord Liable for Guest's Fall

A landlord could be liable for breaching an implied warranty of habitability with respect to a tenant's guest who fell from an apartment porch, Massachusetts' highest court has ruled in affirming a $454,000 jury verdict. The plaintiff fell from a friend's apartment porch when a railing gave way.

• Lawyers USA
• September 18, 2009

• Marie Conille, Plaintiff, Appellant, v. Secretary of Housing and Urban Development, Et Al., Defendants, Appellees., 840 F.2d 105 (1st Cir. 1988)

... that the Secretary had breached an implied warranty of habitability and had infringed her rig...

• Federal Circuits

• Locked out: the hidden threat of claim preclusion for tenants in summary process.

... (49) first recognized the existence of an implied warranty of habitability in all residential leases...

• Suffolk Journal of Trial & Appellate Advocacy
• Nbr. 15, January 2010

• Reconceptualizing the law of nuisance through a theory of economic captivity.

... neighborhoods where standards of habitability are severely lower if not jeopardized entirely. (2..., If You Prompt Them, They Will Rule: The Warranty of Habitability Meets New Court Information System... supervisory approach for revitalizing the implied warranty of habitability which would thereby serve...

• Albany Law Review
• Vol. 75 Nbr. 1, September 2011

• Roche v. Lincoln Property Co, (4th Cir. 2006)

... of negligence, breach of contract, fraud, implied warranty of habitability, and conversion. . The de...

• Federal Circuits

• Prudential Prop v. Boyle, (3rd Cir. 2008)

..., including in Count IV, breach of an implied warranty of habitability and fitness. The Boyles t...

• Federal Circuits

• Missouri Court of Appeals, Western District Case Summaries: December 20, 2010

State ex rel. Office of Public Counsel v. Public Service Commission (MLW No. 61581/Case No. WD72625 - 13 pages) (Missouri Court of Appeals, Western District, Martin, J.) Administrative

...Landlord - Tenant. Implied Warranty. Habitability. Bedbug Infestation. Where ...

• Missouri Lawyers Media
• December 27, 2010