Section 4

Citation: Section 4
Parent Document: Solomon v. Birger, 477 N.E.2d 137 (1985)
Jurisdiction: Massachusetts (state)
Effective Date: 1985-04-22
Original Source: https://www.courtlistener.com/opinion/2048661/solomon-v-birger/ ↗

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To be distinguished are cases, such as those relied upon by the plaintiffs, which recognize a cause of action in contract by a buyer against a builder-seller based on an implied warranty of habitability or an analogous theory. See, e.g., Duncan v. Schuster-Graham Homes, Inc., 194 Colo. 441, 442-444 (1978); Crowder v. Vandendeale, 564 S.W. 2d 879 (Mo. 1978) (en banc). Warranties of habitability are not normally implied in the transfer of a home from one purchaser to a subsequent one. See Crowder v. Vandendeale, supra at 881-882; Casavant v. Campopiano, 114 R.I. 24, 26-27 (1974). Compare Roberts, The Case of the Unwary Home Buyer: The Housing Merchant Did It, 52 Cornell L.Q. 835, 841-843 (1967); 12 Williston, Contracts §§ 1506A, 1523 (3d ed. 1970). Others of the plaintiffs’ cases involve equitable relief, e.g., Wolford v. Freeman, 150 Neb. 537 (1948) (rescission), which if sought — as it was not here — would be subject to equitable time limitations. See 12 Williston, supra § 1526. G. L. c. 260, § 2A, as amended by St. 1973, c. 777, § 1.

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