Illinois Appellate Court
Civil Court
Breach of Warranty
Patio on Plaintiff's home, which he had bought "as is" for $1.05 million from original purchaser, collapsed 4 months after he moved in to home. Plaintiff sued developers of home, alleging breach of implied warranty of habitability. Defendants failed to meet burden to show Plaintiff knowingly waived implied warranty of habitability. "Successor and assign" provision in waiver agreement between Defendants and original purchaser does not bind Plaintiff, and "as is" rider agreement between Defendants and original purchaser does not bind Plaintiff to original purchaser's waiver of implied warranty of habitability. (McBRIDE and REYES, concurring.)