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DRAFT FOR ATTORNEY REVIEW — NOT FINAL

Albrecht v. Clifford, 436 Mass. 706 (2002)

Citation
Albrecht v. Clifford, 436 Mass. 706 (2002) 2.
Parent Document
Albrecht v. Clifford, 436 Mass. 706 (2002)
Jurisdiction
Massachusetts (state)
Effective Date
2002-05-07

Other Sections in This Document (44)

Full Text

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2. Implied warranty of habitability. In 1964, the Supreme Court of Colorado was the first court in the country to abandon the doctrine of caveat emptor and hold that a builder-vendor of a completed residential home impliedly warrants that it complies with applicable building code requirements, is built in a *709workmanlike manner, and is suitable for habitation. Carpenter v. Donohoe, 154 Colo. 78, 83-84 (1964). Since the decision in Carpenter, the majority of jurisdictions have similarly abandoned the doctrine of caveat emptor,6 and adopted implied warranties of habitability or good workmanlike quality in the sale of newly constructed houses.7 Although we have abandoned the doctrine of caveat emptor in the context of residential leases *710and held that such leases carry with them an implied warranty of habitability,8 until today, we have not adopted such a warranty in the sale of new homes.