Centex Homes v. Buecher

in which Justice HANKINSON, Justice O’NEILL, Justice JEFFERSON, and Justice SMITH joined.

We deny Centex Homes’ motion for rehearing. We withdraw our opinion of August 29, 2002, and substitute the following in its place.

The issue in this case is whether a hom-ebuilder may disclaim the implied warranties of habitability and good and workmanlike construction that accompany a new home sale. The sales contract here provided that the builder’s express limited warranty replaced all other warranties, including these two implied warranties. Holding that the implied warranties of habitability and good…