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DRAFT FOR ATTORNEY REVIEW — NOT FINAL

Driscoll v. Toll MA Ltd. Partnership, 26 Mass. L. Rptr. 345 (2009)

Citation
Driscoll v. Toll MA Ltd. Partnership, 26 Mass. L. Rptr. 345 (2009)
Parent Document
Driscoll v. Toll MA Ltd. Partnership, 26 Mass. L. Rptr. 345 (2009)
Jurisdiction
Massachusetts (state)
Effective Date
2009-12-28

Other Sections in This Document (35)

Full Text

501 chars
To establish a breach of the implied warranty of habitability, the plaintiffs will be required to prove that (1) they purchased a new house from the defendant builder-vendors; (2) the house contained a latent defect; (3) the defect manifested itself only after its purchase; (4) the defect was caused by the builder’s improper design, material, or workmanship; and (5) the defect created a substantial question of safety or made the house unfit for human habitation. See Albrecht, 436 Mass. at 711-12.