Miller v. Hutson

Opinion of the Court by Justice SCHRODER.

There are three issues in this construction-defects case: whether the home builder exception to the doctrine of caveat emptor should be expanded to include subdivision developers of market houses; whether the developer is also the home builder; and whether the developer was also the warrantor. We need not reach the first two issues in this case because we adjudge that Appellee was the warrantor (or guarantor) on the subject property. Therefore summary judgment for the Ap-pellee was improper. We reverse and remand for further proceedings consistent with…