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Disclaimer on Website of Express and Implied Warranties

Warranty Of Implied Habitability With New Construction

Category:

Technology - Websites - Disclaimers

State:

Multi-State

Control #:

US-01806BG

Format:

Instant download

Description

Product liability based on a breach of warranty theory is a form of absolute or strict liability, and negligence need not be established. Injury or damages, a defective product and proximate causation are required elements of a breach of warranty action. A warranty may be said to be a promise by a manufacturer or a seller to stand behind a product. It is a statement about the integrity of the product and about the warrantor's commitment to correct problems if and when the product fails. The law recognizes two basic kinds of warranties: express and implied.

Express warranties are explicitly offered by manufacturers or sellers to their customers in the course of a sales transaction, amounting to promises and statements made about their products or about their commitment to remedy the defects and malfunctions that some customers may experience.

Implied warranties are unspoken, unwritten promises, created by state law, that go from a seller to his or her customer. Implied warranties are based on the common-law principle of "fair value for money spent." The two types of implied warranties that occur in consumer product transactions are the implied warranty of merchantability and the implied warranty of fitness for a particular purpose.

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FAQ

There are many types of implied warranties including an implied warranty of merchantability, an implied warranty of fitness, an implied warranty of habitability (for a lease), and an implied warranty of marketability (for the sale of real property, also known as a marketable title).

A housing merchant implied warranty shall mean that: a. one year from and after the warranty date the home will be free from defects due to a failure to have been constructed in a skillful manner; b.

One year of coverage on all workmanship and exterior materials, for example, such as siding, stucco, doors, trim, drywall, paint. Two years of coverage on windows, heating, ventilation, air conditioning, plumbing, and electrical systems. Six years is the standard of coverage in Texas for major structural defects.

Workmanship, Materials and Mechanical Systems are covered for 1 year. Structural Coverage on Designated Structural Elements is provided for 6 years. Pricing based on low flat rates per home. Builder liability in the Massachusetts CSW program is limited to 1 year only.

What is the implied warranty of habitability? The implied warranty of habitability is a legal doctrine created by Illinois case law. In every written or oral lease, Illinois courts imply a warranty on the part of the landlord that the property will be kept in a habitable condition.