Tavares v. Horstman

RAPER, Justice.

We are going to affirm the trial court and discuss three primary issues in the following light: (1) The rule of caveat emptor (let the buyer beware) does not apply to the sale of new housing by a builder-vendor to the vendee; (2) There is an implied warranty of liability that goes with the sale of new housing by a builder-vendor to the vendee; (3) Damages are recoverable by a vendee for negligent design and construction of new housing by the builder-vendor. Appellant’s counsel with commendable candor contemplated this court’s concurrence in those current concepts but seeks…