Gaito v. Auman

JOHNSON, Judge.

This appeal presents a question of first impression arising out of the doctrine of implied warranty of habitability in the sale of a new dwelling. That is, whether a residential structure which is approximately four and a half years old at the time of the sale from the builder-vendor to the initial purchaser may be considered to be a “new dwelling” for implied warranty purposes. For the reasons set forth below, we conclude that a residential structure may be considered “new” for warranty purposes within the maximum statute of limitations period, which is presently ten years.…