Kaminszky v. Kukuch

STATON, Judge.

Judit and Tibor Kaminszky appeal from a negative judgment in favor of Abel W. Kukuch. They had sought to have the sale of a house rescinded for breach of an implied warranty of fitness for habitation.

The Kaminszkys present four issues which we consolidate and restate as:

1. Whether Kukuch, as seller, is liable for a breach of the implied warranty of fitness for habitation?

2. Whether Kukuch had a duty to disclose the presence of urea-formaldehyde foam insulation?

3. Whether a clause in the purchase agreement stating the buyers accepted the house “as is”, and that the buyers relied…