United States:
Pa Superior Court Erred In Finding That Implied Warranty Of Habitability Applied To Subsequent Purchasers!
22 August 2014
Fox Rothschild LLP
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I previously posted on this blog a decision by the Pa Superior
Court in which the Court found that the implied warranty of
habitability applied to subsequent purchasers of a home.
As expected the Pa Supreme Court has struck down that ruling and reversed the Pa
Superior Court. In doing so the Court reasoned that the implied
warranty of habitability is grounded in contract law and a
subsequent purchaser would not have privity of contract. Thus the
warranty could not apply to a subsequent purchaser. The Court
further found that public policy reasons might compel the
legislature to change the law but do not compel the Pa Supreme
Court to extend such a warranty to subsequent purchasers.
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