Conway, M., et ux v. The Cutler Group, Inc., Aplt.

OPINION

Justice McCAFFERY.

The issue presented in this case is whether a builder’s implied warranty of habitability, which protects those who purchase a newly constructed home from latent defects, may also be invoked by subsequent purchasers of the home. We hold that a subsequent purchaser of a previously inhabited residence may not recover contract damages for breach of the builder’s implied warranty of habitability.

In September 2003, The Cutler Group, Inc. (“Appellant”) sold a new house in Bucks County to Davey and Holly Fields. After living in the house for three years, Mr. and *663Mrs. Fields…