Implied Warranties of Fitness and Merchantability:
They Don’t Just Apply to Buildings Anymore
A recent case out of the Florida Supreme Court, Maronda Homes, Inc. of Florida, etc., et al v. Lakeview Reserve Homeowners Association, Inc., has expanded the implied warranties of fitness and merchantability to improvements which provide “essential services” for the habitability of a home.
Prior to the recent ruling in Maronda Homes, the courts in Florida had held that the implied warranties of fitness and merchantability applied to homes and required that the premises meet the “ordinary, normal standards reasonably to be expected of living quarters of compatible kind and quality.” Hesson v. Walmsley Constr. Co., 422 So. 2d 943, 943 (Fla. 2d DCA 1982).
Read More… Construction Update 8.29.13