14 C MAPRAC S 20.420
Massachusetts
has adopted an implied
warranty of
habitability in the sale of newly-constructed homes
by builder-vendors. The purpose is to protect a purchaser of a
new home from
latent defects that create substantial questions of safety and
habitability. To
establish a breach of the implied
warranty of
habitability, a
plaintiff must demonstrate that (1) he purchase a
new house from the
defendant builder-vender; (2) the house contained a latent
defect; (3) the defect manifested itself only after its
purchase; (4) the defect was caused by the builder’s improper
design, material, or workmanship; and (5) the defect created a
substantial question of safety or made the house unfit for human
habitation. The
claim must be brought within the three-year statue of
limitations and the six-year statue of repose. 10.5
Similarly,
there is an implied warranty
of habitability in
the sale of new residential condominium units by a
builder-vendor, and to establish a breach of the
warranty, the
plaintiff must establish the same elements that a purchase of a
new home must establish. In addition, an organization of unit
owners may bring a claim for breach of the implied
warranty of
habitability against
a builder-vendor, for defects in the common areas of the
condominium development that implicate the
habitability of the
individual units. 10.10
Pocket Part
FN: 10.10 Berish v. Bornstein, 437
Mass. 252, 770 N.E. 2nd
961 (2002).
Pocket Part
FN: 10.5 Albrecht v. Clifford, 436
Mass. 706, 767 N.E. 2nd
42 (2002).
