Harper Dimmerman handles real estate law and litigation; his office is located in Philadelphia, Pennsylvania.
A Chester County court just recently sided with a homeowner who sued the prior owner after discovering problems with the house. Plaintiff brought claims against the previous owner after encountering various flaws in the home. As a result of water damage and leaking, the Plaintiff paid more than $16,000 for repairs. The Plaintiff argued that the seller breached an implied warranty of habitability, breached contract, violated the Unfair Trade Practice and Consumer Protection Law and failed to disclose water leakage problems on the sellers’ disclosure statement. The Court concludes that the implied warranty of habitability had been breached. An implied warranty of habitability is created when a contract to build or sell residential construction is executed. The agreement of sale stated that the property was being sold “in as-is condition” and “without warranty.” However, the agreement did not contain language that was particular enough to waive the implied warranty of habitability.