Implied Warranty of Quality

Question 1

What is the implied warranty of Quality?

Answer 1

A warranty given by the builder of a property that the structure was built to “workman like quality” and insured the building to the initial and subsequent purchasers for all latent defects caused by faulty construction.

Question 2

What do courts limit recovery to under Implied warranty of quality?

Answer 2

Latent defects which manifest after the subsequent owners purchase and which were not discoverable upon a reasonable inspection of the structure prior to the purchase, it is also limited to a reasonable amount of time.

Question 3

Common Law view on Implied Warranty of Quality?

Answer 3

Under common law, this warranty required privity of contract. So the warranty only covered first purchasers, not subsequent purchasers.

Question 4

Modern Law view on Implied Warranty of Quality?

Answer 4

For public policy reasons, privity is no longer required. So first and subsequent purchasers can be covered under the implied warranty of quality.

Question 5

Can a buyer or seller disclaim this warranty?

Answer 5

For public policy reasons, no.