Samuelson v. A.A. Quality Construction, Inc., 230 Mont. 220 (1988)

Citation: Samuelson v. A.A. Quality Construction, Inc., 230 Mont. 220 (1988)
Parent Document: Samuelson v. A.A. Quality Construction, Inc., 230 Mont. 220 (1988)
Jurisdiction: Montana (state)
Effective Date: 1988-01-21
Original Source: https://www.courtlistener.com/opinion/8069276/samuelson-v-aa-quality-construc... ↗

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We are now required to set forth a more precise definition of the implied warranty of habitability. In Chandler, 642 P.2d at 1032, we pointed out that the basic concern in applying the warranty is whether the defect relates to “useful occupancy” of the building. We hold that the implied warranty of habitability of a dwelling house is limited to defects which are so substantial as reasonably to preclude the use of the dwelling as a residence. That limitation is consistent with Chandler and Degnan. Even if the record is reviewed in its most favorable light from the standpoint of the Samuelsons, the evidence does not show that the defects were substantial enough rea*224sonably to preclude use as a residence. We hold that the implied warranty of habitability is not applicable under the facts of this case. As a result, the case will be remanded to the District Court for retrial on theories other than the implied warranty of habitability. II

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