The implied warranty of habitability is a legal doctrine that holds that residential contractors and builders are required to ensure that the properties they build are suitable for living.
This warranty implies that certain basic living standards must be met, regardless of whether they are explicitly stated in the contract for the building of the home.
What are examples of breaches of an implied warranty of habitability?
A breach of the implied warranty of habitability could be any condition or defect in the home that makes it unsuitable for people to live there. This could include things like:
- A plumbing job that causes refuse from the sewer to continually back up into the basement
- A foundation that cracks and begins to shift within a very short time after completion
- A roof that is so badly installed that water leaks into the house at the first rain
- An improper drainage system that causes the house to be filled with mold
- A foundation that starts to sink because the land wasn’t properly prepared for the building
- Shoddy electrical wiring throughout the house that puts the occupants in danger
Generally speaking, the home should be safe for occupancy. This means meeting building codes, having structural integrity and being free from major health hazards like infestations, mold and asbestos.
When a newly built home fails to meet the expected standards for basic use, homeowners may have legal recourse against the builder, their contractor, the architect and others involved in the home-building process. If you find yourself questioning what rights you may have, obtaining legal guidance is wise.