Bass v. Pinnacle Custom Homes, Inc.

McCullough, Judge.

On 5 March 1997, plaintiffs Rodney and Sherri Bass entered into a contract which obligated defendant, Pinnacle Custom Homes, Inc., to construct and sell a house to be built at 109 Springmoor Lane in Durham, North Carolina. The contract included a new construction addendum which mentioned some warranties. However, at the time of closing, plaintiffs accepted a 2-10 Home Buyers Warranty which had language that purported to waive all other warranties.

During construction and after completion of the home, plaintiffs began to complain about various defects in the home. Plaintiffs…