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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I dissent. In Chandler v. Madsen (1982), 197 Mont. 234, 642 P.2d 1028, this Court took a giant step forward in holding that a builder-vendor of a new home impliedly warrants that the residence is constructed in a workman-like manner and is suitable for habitation. We note that two major policy considerations support such a warranty. The first being that the buyer is in an unequaled bargaining position, and second that the builder-vendor is in a better position to discover, examine, and prevent defects. I feel the majority’s holding in this opinion has taken a giant step backwards in protecting the consumer.

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