Davies v. Bradley

KELLY, Judge.

This case involves the sale of a house built and sold by defendants Bobby and Mary Lee Bradley to the plaintiffs, James and Judith Davies. Citing the existence of eleven defects, including the failure to obtain a certificate of occupancy, all in violation of the county building code, the trial court found that the house was unsuitable for habitation and ruled that the Bradleys had breached the implied warranty of habitability.

The Bradleys appeal, arguing (1) that they were under no duty to disclose the presence of the defects, (2) that the plaintiffs waived the implied warranty…