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.