Albrecht v. Clifford
Massachusetts Supreme Judicial Court
767 N.E.2d 42 (2002)
Relevant factsFree
Clifford (defendant) built and sold a house with nine fireplaces to the Albrechts (plaintiffs) in 1993; in late 1996, neighbors alerted them that their similarly built fireplaces and chimneys were defective, and a mason confirmed the defects. The Albrechts sued in February 1998, and the trial court, finding no implied warranty of habitability applied to residential sales, granted Clifford summary judgment.
IssueFree
Whether a builder-vendor of a newly constructed residence impliedly warrants that the residence is habitable.