Thursday, October 2, 2008

Iowa Supreme Court Extends Implied Warranty of Workmanlike Construction to Subsequent Homebuyers

Wow, I thought California was tough on defects...Iowa has a 15 year defect law that extends to subsequent buyers too...

Posted by Dave Seitter on October 1, 2008
October 01, 2008
Iowa Supreme Court Extends Implied Warranty of Workmanlike Construction to Subsequent Homebuyers

The Iowa Supreme Court recently held that a subsequent buyer of a home could recover from the home builder for defective construction under an implied warranty of workmanlike construction in the case of Speight v. Walters Development Co., Ltd., 744 N.W.2d 108 (Iowa 2008). The facts revealed that a newly constructed home was sold to the original buyer in 1995. The home was subsequently sold twice, with the plaintiffs purchasing the home on August 1, 2000. Sometime after purchasing the home they noticed water damage and mold which a building inspector determined was the result of a defectively constructed roof and defective rain gutters. The homeowners filed suit against the home builder on May 23, 2005 alleging a breach of the implied warranty of workmanlike construction. The implied warranty of workmanlike construction is designed to protect an innocent home buyer by holding the experienced homebuilder accountable for the quality of construction.

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