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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)
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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Other courts have limited the warranty to one of “habitability.” Some of those courts define “habitability” as substantial compliance with all building and housing codes. Carpenter v. Donohoe, 154 Colo. 78, 83-84 (1964). Others define it in more general terms. See Goggin v. Fox Valley Constr. Corp., 48 Ill. App. 3d 103, 106 (1977) (new home must keep out elements and provide inhabitants with reasonably safe place to live, without fear of injury to person, health, safety, or property); Aronsohn v. Mandara, 98 N.J. 92, 104 (1984) *710(habitability “synonymous with suitability for living purposes; the home must be occupiable”).