Implied warranty of fitness and sustainability.

Question 1

What does the implied warranty of fitness and sustainability provide?

Answer 1

The implied warranty of fitness or sustainability applies to defects in new construction. It protects against latent defects (defects undiscoverable via inspection) and warrants that the new construction is safe and fit for human habitation.

Question 2

In most jurisdictions, who is protected under the implied warranty of fitness/suitability?

Answer 2

Initial purchasers and subsequent purchasers.

Question 3

In a minority of jurisdictions, who is protected by the implied warranty of fitness/suitability?

Answer 3

Only the initial purchaser.