"The Court agrees that whether the implied warranty
of habitability runs between a builder-vendor and a commercial entity that invests in residential property is an open question under Massachusetts law, and finds that a sophisticated commercial investor is certainly differently situated from an individual purchasing a residential home for his or her own use.
The implied warranty
of specifications was established 100 years ago in the case of United States v.
Marick will therefore be responsible for $643,226 (40 percent of the $1,608,066 apportioned for negligence) and all of the remaining $536,022 for the breach of implied warranty
, unless it pursues action for contribution from other defendants.
Unlike owner-occupied homes, residential rental property must satisfy the implied warranty
proposes that state courts recognize an "implied warranty
From 2013 to 2015, the Civil Rights & Community Justice Clinic partnered with EHOC to investigate widespread difficulties faced by indigent tenants seeking to raise defenses, especially the implied warranty
of habitability, in landlord-tenant cases in Missouri state courts.
This section provides the codification of the "Implied Warranty
: Fitness for Particular Purpose." It serves to protect consumers, who are uninformed, unaware, and whom have placed total reliance in the seller's verbal or written expert promise to supply them with a good or service, to meet their needs.
It's also a good example of what has been discussed here of late, that consumers are protected in Massachusetts by the idea of implied warranty
-- that you have a right to expect a product to work properly for a reasonable period of time.
[section] 2-314 (announcing that there is an implied warranty
that the goods sold shall be merchantable when the seller is a merchant dealing with goods of that kind); U.C.C.
Bent Glass Design is now suing the specialist privacy glass company, Texas-based Scienstry Inc, in a USCecourt, claiming breach of implied warranty
because of the time and effort wasted in installing the original glass.
SOME STATES DO NOT ALLOW EXCLUSIONS OR LIMITATIONS OF AN IMPLIED WARRANTY
, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.
For example, even if you have no warranty but if you have a receipt, then you have an implied warranty
of 60 days.