Board of Managers of Park Point at Wheeling Condominium Association v. Park Point at Wheeling, LLC

(Modified upon denial of rehearing 12/31/15.) Court dismissed claims that various parties involved in design, construction and sale of condominium complex completed in 2004 breached implied warranty of habitability by incorporating latent defects into the units and common elements. Limited warranty language in purchase agreement, containing disclaimer for implied warranties, including implied warranty of habitability, was conspicuous and sufficient as a matter of law to bring the waiver to the buyer's attention, and is thus an effective disclaimer. Seller was not required to verbally call warranty disclaimer to each buyer's attention, or to have each buyer initial it. (PALMER and GORDON, concurring.)