FRICKEL V. SUNNYSIDE ENTERPRISES, INC.
725 P.2d 422 (1986)
NATURE OF THE CASE: This was a dispute over the implied warranty of habitability.
FACTS: Ps were seeking an investment that would give them retirement income and tax
benefit. Ds were builders of apartment complexes. D did not build for resale but only for
its own account and expected to own and manage the apartments it built. D was approached by
a realtor representing P and they indicated they would sell for the right price. The
apartment complex consisted of five buildings. A contract was prepared and the sales price
as agreed to be $700,000 with $85,000 down. The contract included two clauses on the bottom
of page 1148 Rabin 4th and the top of page 1149. The sale occurred in December 1976. In 1980
some problems with outside stairways were addressed and eventually it was found that the
foundations were not adequately designed to accommodate the soil conditions. It was
determined that D had built to the exact specifications of the City even though it turned
out that those specifications did not meet the City's building code. The trial court found
there was an implied warranty and held for P. D appealed.
ISSUE:
RULE OF LAW:
HOLDING AND DECISION:
LEGAL ANALYSIS:
Get
free access to the entire content for Mac, PC or Online
for 2-3 days and free samples
of all kinds of products.
for 2-3 days and free samples of all kinds of products.
https://bsmsphd.com
© 2007-2016 Abn Study Partner
No comments:
Post a Comment