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DRAFT FOR ATTORNEY REVIEW — NOT FINAL

Heath v. Palmer, 2006 VT 125 (2006)

Citation
Heath v. Palmer, 2006 VT 125 (2006)
Parent Document
Heath v. Palmer, 2006 VT 125 (2006)
Jurisdiction
Vermont (state)
Effective Date
2006-11-20

Full Text

1,300 chars
¶ 10. As noted, the master concluded, and the court agreed, that plaintiffs waived their right to recover for defects not reported to defendants during the one-year period, but the court made no specific findings as to why, or even whether, one year constituted a reasonable period under the law discussed above. Nor did the master or the court make clear and specific findings as to which, if any, of the reported defects could have been reasonably discovered prior to closing, and which were latent subsequent to closing. See Meadowbrook, 152 Vt. at 19, 565 A.2d at 240 (implied warranties of merchantability and workmanship apply to defects that were latent at time of purchase). "The trial court has a fundamental duty to make all findings necessary to support its conclusions, resolve the issues before it, and *1295 provide an adequate basis for appellate review." Sec'y, Vt. Agency of Natural Res. v. Irish, 169 Vt. 407, 419, 738 A.2d 571, 580 (1999). Absent the requisite findings and analysis discussed above, we cannot properly resolve plaintiffs' claim that the court erroneously restricted their recovery to a few of the many defects which they reported to defendants. Accordingly, we conclude that the case must be remanded for additional findings and conclusions as discussed above. II.