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DRAFT FOR ATTORNEY REVIEW — NOT FINAL

Willard v. PARSONS HILL PARTNERSHIP, 2005 VT 69 (2005)

Citation
Willard v. PARSONS HILL PARTNERSHIP, 2005 VT 69 (2005)
Parent Document
Willard v. PARSONS HILL PARTNERSHIP, 2005 VT 69 (2005)
Jurisdiction
Vermont (state)
Effective Date
2005-08-05

Other Sections in This Document (143)

Full Text

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¶ 13. The principal issue is whether plaintiffs may rely on the common-law implied warranty of habitability we recognized in Hilder v. St. Peter, 144 Vt. 150, 478 A.2d 202 (1984), or whether the common law as stated therein was preempted by the Legislature's enactment of the Residential Rental Agreements Act, 9 V.S.A. §§ 4451-4468. We agree with plaintiffs that the statute as originally enacted covered only patent defects, and that to apply its notice provisions to bar plaintiffs' claim based on latent defects is illogical. Moreover, there is no evidence in the statute or legislative history that the Legislature intended to change the common-law with respect to latent defects, or to preempt that law as stated in Hilder.