Purchasing a new construction home involves certain risks. Without normal wear and tear or the passage of time to uncover latent defects, discovering problems in a new home during the inspection is difficult.
The implied warranty of habitability is a protective measure that is available to buyers of new construction homes. In Pennsylvania, courts imply a warranty of fitness for the purpose intended when a buyer has reason to rely upon and does rely upon the judgment of a builder who manufactures the product, believing such a warranty is necessary to equalize the disparate positions of the builder and the average homebuyer by safeguarding the reasonable expectations of the homebuyer who is compelled to depend upon the builder’s greater manufacturing and marketing expertise. The warranty is further justified because the builder is in the best position to repair the defects and spread the costs of the repair to those responsible.
