Tort Law

Brien Roche

This page within Virginia Tort Case Law is a compilation of cases reported by the Virginia Supreme Court and summarized by Brien Roche dealing with the topic of Warranties-Home.  

Warranties-Homes-Statutes

See Va. Code § 55-70.1. Implied warranties on new.

See Va. Code § 55-79.79(b), providing that any conveyance of condominium unit transfers to purchasers all of declarant’s warranties against structural defects.

See Va. Code § 55-79.80:1 indicating that unit owner may bring tort action against declarant or unit owner’s association.

Warranties-Homes-Cases

2003 Hansen v. Stanley Martin Cos., 266 Va. 345, 585 S.E.2d 567.

Claim involving synthetic stucco. Issue in case is what was limitation period applicable to multitude of claims consisting of breach of contract, fraud, negligent misrepresentation, and Maryland Consumer Protection Act. Limitation defense was found to be dispositive as to some but not as to others.

2001 Parker-Smith v. Sto Corp., 262 Va. 432, 551 S.E.2d 615.

Party bringing action alleging either actual or constructive fraud must prove that representation was false whereas false advertising occurs when advertisement contains representation that, although deceptive or misleading, is not necessarily false or untrue. In this case dealing with stucco siding, plaintiff alleged false advertising. In false advertising claim, misrepresentation does not have to relate to a statement of present or existing fact but can be just a promise. In this case, the false advertising claim was governed by the catch-all statute of limitations and was stricken as being time-barred. In determining whether catch-all limitation applies, court must look at nature of cause of action at issue. Cause of action here was false advertising and not fraud.

2001 Vaughn, Inc. v. Beck, 262 Va. 673, 554 S.E.2d 88.

Homeowners alleged breach of warranty against builder for faulty construction of well. Court held that homeowners were not required to give notice of alleged defect within one year of statutory warranty period. Va. Code § 55-70.1 does not require purchaser of new dwelling to give notice of defect in construction within the one-year statutory warranty period.

1982 Pierce v. Plogger, 223 Va. 116, 286 S.E.2d 207.

Trial court erred in ruling that oral warranty could not be proved.

1981 Twin Lakes Mfg. Co. v. Coffey, 222 Va. 467, 281 S.E.2d 864.

Action for breach of implied warranty of merchantability in sale of mobile home. Buyers’ inspection of mobile home did not limit warranty as to latent defects. Merchantability is not equivalent to habitability in regards to housing.

1978 Bruce Farms, Inc. v. Coupe, 219 Va. 287, 247 S.E.2d 400.

In Virginia, conveyance of real estate carries no covenants except those expressly made. No implied warranties in sales of homes by builder/vendors to initial vendees whether sale occurs before or after construction is completed.

1959 Davo Corp. v. Lee, 200 Va. 663, 197 S.E.2d 460.

Suit against builder for failure to construct home in accord with plans and specifications. Judgment against defendant affirmed in that there was ample evidence of water drainage being inadequate.

1950 Mann v. Clowser, 190 Va. 887, 59 S.E.2d 78.

Implied warranty of workmanship that arises when person holds himself out to be specially qualified to perform specific work does not make builder a guarantor of consequences of departures from plans. However, if consequences of departure are obvious to person of his trade, then he may be under duty to make full disclosure.

For more information about warranties see the pages on Wikipedia.