Legal Opinion
Buecher v. Centex Homes
Texas Court of Appeals, 4th District (San Antonio)
Decided March 31, 2000No. 04-99-00337-CVPublishedCited by 7 opinions
1Opinion of the Court
ON APPELLEE’S MOTION FOR REHEARING AND APPELLEE’S MOTION FOR EN BANC REHEARING
Opinion by:
PHIL HARDBERGER, Chief Justice.
Can a builder cause a homeowner to waive the implied warranty of habitability and good and workmanlike construction by getting the homeowner to sign a contract of adhesion? We hold he cannot. In so holding, we affirm our belief in the continued viability of Melody Home Mfg. Co. v. Barnes, 741 S.W.2d 349 (Tex.1987). Melody Home held that the implied warranty to perform repair services in a good and workmanlike manner cannot be waived.
It would be incongruous if public policy…
2Cases cited6 opinions
- Melody Home Manufacturing Co. v. BarnesTexas Supreme Court · 1987
- Humber v. MortonTexas Supreme Court · 1968
- G-W-L, Inc. v. RobichauxTexas Supreme Court · 1982
- Albright v. Texas Department of Human Services, Texas Court of Appeals, 1st District (Houston)1993
- Fernandez v. City of El Paso, Texas Court of Appeals, 8th District (El Paso)1994
1 more not listed; retrieve them via the Exa API.
3Cited by7 opinions
- Pack v. Crossroads, Inc.Court of Appeals of Texas · 2001
- Centex Homes v. BuecherTexas Supreme Court · 2002
- Buecher v. Centex Homes, Texas Court of Appeals, 4th District (San Antonio)2000
- Centex Homes v. BuecherTexas Supreme Court · 2002
- Laura Leticia Zepeda Vasquez, Individually and on Behalf of the Estate of Jose Abraham Vasquez,Jr. v. Legend Natural Gas III, LP Legend Natural Gas, LLC Lewis Energy Group, LP And Lewis Petro Properties, Inc, Texas Court of Appeals, 4th District (San Antonio)2015
2 more not listed; retrieve them via the Exa API.