Berish v. Bornstein, 21 Mass. L. Rptr. 530 (2006)

Citation: Berish v. Bornstein, 21 Mass. L. Rptr. 530 (2006)
Parent Document: Berish v. Bornstein, 21 Mass. L. Rptr. 530 (2006)
Jurisdiction: Massachusetts (state)
Effective Date: 2006-05-22
Original Source: https://www.courtlistener.com/opinion/8356288/berish-v-bornstein/ ↗

Full Text

1,275 chars

Count X of the Trustees’ third amended complaint alleges breach of the implied warranty of habitability. An implied warranty of habitability attaches to the sale of new homes and residential condominium units by builder-vendors in Massachusetts. Berish v. Bomstein, 437 Mass. 252, 263 (2002); Albrecht v. Clifford, 436 Mass. 706, 711 (2002). This warranty protects purchasers from structural defects that are nearly impossible to ascertain by inspection after the home is built, and imposes the burden of repairing latent defects on the person with the opportunity to notice, avoid, or correct ■them during the construction process. Albrecht v. Clifford, 436 Mass. at 710. A home that is unsafe because it deviates from fundamental aspects of the applicable building codes or fails to keep out the elements because of defects in construction breaches the implied warranty of habitability. Id. at 711. However, the implied warranty “does not make the builder an insurer against any and all defects in a home, impose on the builder an obligation to deliver a perfect house, or protect against mere defects in workmanship, minor or procedural violations of the applicable building codes, or defects that are trivial or aesthetic.” Id A. Assigned Claims of Individual Unit Owners

Other Sections in This Document (121)

Full Text