Frickel v. Sunnyside Enterprises, Inc.

(dissenting) — The majority holds that the warranty of habitability does not apply to the Frickel-Sunnyside transaction, apparently because (1) the apartment complex was not built for resale, (2) the buyers were seeking a commercial investment, and (3) they failed to seek expert advice to determine the existence of structural deficiencies. Regardless, according to the majority, any potential warranty liability was effectively disclaimed by contractual disclaimer. I must dissent.

Introduction

This court previously has recognized only one of the three reasons offered by the majority to justify…