Fattah v. Bim

This case presents question as to whether trial court properly found in defendants’ favor in bench trial on plaintiff’s action alleging that defendants-developers of plaintiff’s home breached implied warranty of habitability, when four months after plaintiff purchased said home for original owner patio of said home collapsed under circumstances where: (1) plaintiff purchased said home “as is” from original home owner; and (2) original home owner waived implied warranty of habitability on home when she purchased said home from defendants. Appellate Court, in reversing trial court, found that original homeowner’s waiver of implied warranty of habitability was not binding on plaintiff who was unaware of said waiver, and plaintiff’s purchase of instant home on “as is” basis was irrelevant. In their petition for leave to appeal, defendants argued that: (1) they were denied due process when Appellate Court rendered its decision without their input in case and under circumstances where defendants had not been served with numerous documents relating to Appellate Court appeal; and (2) instant waiver should have applied to plaintiff.