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Even if she reads the disclaimer provision, she probably does not understand that the implied warranty of habitability simply means that purchasers of residential real estate in Illinois have an implied warranty from the builder/developer that the house is well constructed.
Florida case law appears to hold that a cause of action for breach of implied warranty to construct according to plans consists of the following basic requisite elements to be alleged and proven:
Like the disclaimer for the implied warranty of merchantability, a disclaimer of the implied warranty of fitness for a particular purpose must be a conspicuous writing.
The MMWA does allow a supplier to limit implied warranties to the same duration as the written warranty; (25) however, if the dealer does not do so explicitly, then the implied Warranty has no term limit whatsoever.
An action for damages, or other relief caused by the breach of an implied warranty, may be initiated prior to the expiration of one year after the applicable warranty period, or within four years after the warranty date, whichever is later.
You may be liable for a breach of an implied warranty for a reasonable time after the house is finished.
As noted previously, the merchant may, by conforming with prescribed requirements, affirmatively disclaim the implied warranty of merchantability, unless such disclaimer be unconscionable.
Another type of implied warranty is the "warranty of fitness' for a particular purpose.
The implied warranty of fitness for a particular purpose, on the other hand, applies only when the seller knows of the buyer's intended use and that the buyer is relying on him to furnish suitable goods.
Lawyer sues Giant for, among other counts, breach of implied warranty and breach of an express four-year warranty issued by Giant on the vehicle.