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G-W-L, Inc. v. Robichaux

Supreme Court of Texas

643 S.W.2d 392 (1982)

Relevant factsFree

Robichaux (plaintiff) bought a newly constructed home from G-W-L (defendant) that later developed a noticeably sagging roof, and sued for breach of express and implied warranties; a jury found no express warranty breach but found G-W-L breached the implied warranty of habitability, and the trial and appellate courts both ruled for Robichaux, rejecting G-W-L's argument that a waiver clause in the purchase documents disclaimed the implied warranty. G-W-L petitioned for Texas Supreme Court review.

IssueFree

Whether, under Texas law, the implied warranty of habitability arising under a contract for the construction and purchase of a new home may be waived by clear contractual language.

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