Conyers v. Molloy

Does an implied warrant of habitability exist in Illinois?

If so — can it be waived?

Let us see.

Mr. and Mrs. Conyers purchased a house from Mr. Molloy, a builder. They alleged that — due to a lack of ventilation in the attic — water damage resulted in the house not being fit for habitation. Also, they say, they had no experience as housebuilders and relied on Molloy’s expertise. A contract had been entered into and the following language is contained in paragraph 18 thereof:

“There are no warranties on either house except those manufacturers warranties that are in effect.”

The Conyers’ further…