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DRAFT FOR ATTORNEY REVIEW — NOT FINAL

Berish v. Bornstein, 437 Mass. 252 (2002)

Citation
Berish v. Bornstein, 437 Mass. 252 (2002)
Parent Document
Berish v. Bornstein, 437 Mass. 252 (2002)
Jurisdiction
Massachusetts (state)
Effective Date
2002-06-28

Other Sections in This Document (93)

Full Text

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After thirteen years of litigation, judgment was entered in the Superior Court in the trustees’ favor on breach of fiduciary duty and breach of contract claims. Both parties have appealed. We granted the trustees’ application for direct appellate review. The principal issue we decide is whether a warranty of habitability is implied in the sale of a newly constructed condominium unit or in the transfer of newly constructed common areas to an organization of unit owners. We conclude that such a warranty is implied in both types of transactions.