Defects in Quality (real estate conveyances)

Question 1

cavaet emptor

Answer 1

buyer beware

Question 2

implied warranty habitability requires:

Answer 2

o Requires that the house be reasonably suited for its intended use
o Breach
• Can be a material breach of K
o Severe Breach
• Allow the buyer to no consummate the purchase
• If life threatening, some juris, transaction can be rescinded

Question 3

facts creating IWH

Answer 3

• Warrantor must be BUILDER of house
• Construction of house done w/intent of selling it to another
• Builder need not be full/time or professional

Question 4

used housing &IWH

Answer 4

• Some juris- allow claims against vendor for defects, where vendor K & did not disclose
• MOST juris- allow claim against venor if made representations as to the condition of the premises which were NOT true

Question 5

defects in land itself & IWH

Answer 5

• Some states exclude covering
• Typical trouble causers:
• Failure of septic system to properly percolate
• Lack of well water
• Land collapse

Question 6

waivers if IWH

Answer 6

• Texas Maj
• Texas Min
• Illinois

Question 7

texas maj (IWH waiver)

Answer 7

Any waiver that’s clear & free from doubt

Question 8

TX minority (IWH waiver)

Answer 8

Specific & express waiver that names the implied warranty of habitability

Question 9

Illinois (waiver IWH)

Answer 9

A conspicuous waiver, NOT IN BOILERPLATE lang, that sets forth the consequences of the waiver