Condo association filed suit against various parties involved in design, construction, and sale of a condo complex completed in 2004 breached implied warranty of habitability by incorporating latent defects into units and common elements.Seller of condos was not required to verbally call the warranty disclaimer to each buyer's attention or obtain each buyer's initials next to it. Disclaimer meets criteria of an effective disclaimer, in part because it was brought to each buyer's attention by being conspicuous within parties' contract. Court erred in dismissing counts as to subcontractors who do not come within scope of written warranty disclaimer. Court properly dismissed counts as to developer-seller, and as to architect. (PALMER and GORDON, concurring.)
Illinois Appellate Court
Civil Court
Implied Warranty of Habitability