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Contract Lawyer Stuart FL

Contract Lawyer Litigation, Stuart, FL, Port St. Lucie FL, Jupiter FL

As a contract Lawyer in Stuart FL, Port St. Lucie FL, and Jupiter FL, I am familiar with the implied warranties.  They are often overlooked and, yet, they can carry some serious legal weight.

There are implied warranties of merchantability and fitness that are disclaimed without much thought today.  Yet, these warranties are the basis of year’s legal development and were created to make sure the buyer’s reasonably ordinary expectations would be met.  Often, these warranties are contractually disclaimed and written-off without out much thought.

Interestingly enough, the Florida Supreme court issued an opinion regarding on July 11, 2013 regarding the application of implied warranties of fitness and merchantability via warranty of habitability for Developers in a real estate development (See MARONDA HOMES, INC. OF FLORIDA, etc., et al., Petitioners,v.LAKEVIEW RESERVE HOMEOWNERS ASSOCIATION, INC., etc., Respondent.T.D. THOMSON CONSTRUCTION COMPANY, Petitioner,v.LAKEVIEW RESERVE HOMEOWNERS ASSOCIATION, INC., Respondent., No. SC10-2292, No. SC10-2336).  The case centered on whether or not a developer can be held liable for this/these warranties, which did not concern the construction of the dwellings, but to the infrastructure which supported the dwellings (i.e. water and sewer drainage, road construction and run-off, retention ponds, etc..).  The opinion is a very interesting discussion on the development of implied warranties and the change and growth in the application thereof.

This opinion is worth reviewing.  It goes beyond the application of the common law and addresses Florida Constitutional issues which arose while the case moved through the courts.  Ultimately, the Florida Supreme Court agreed with the decision below and held that the implied warranties of fitness and merchantability apply to the improvements that provide essential services to the Lakeview Reserve Homeowners Association. We remand this case to the trial court for further proceedings and factual determinations as may be required, all to be pursuant to and in accordance with this opinion. Further, section 553.835 does not apply to any causes of action that accrued before the effective date of this section.

The Florida Supreme Court distinguished the application of the new legislation through the Constitutional arguments of Due Process and Separation of Powers.  The holding on this case may be fact specific.  However, the review and arguments are very interesting.

The point of this post is to create awareness.  There are implied warranties of merchantability unless the product being sold is sold “as is” or “with all faults” and even then there could be other causes of action, which if you do not consult with a Lawyer you will not be aware.

If you need a lawyer in Stuart FL, Port St. Lucie FL, or Jupiter FL, please give my office a call.

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