Implied Warranty of Fitness

Definition: The legal presumption that a newly constructed home is fit for habitation and built in a workmanlike manner. In Florida, the implied warranty covers latent defects that are not discoverable through reasonable inspection at the time of purchase.

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Implied Warranty of Fitness in Florida Construction

The implied warranty of fitness is a legal guarantee that a newly constructed building will be reasonably suitable for its intended use. Established by the Florida Supreme Court in Gable v. Silver (1972), this warranty provides buyers with protection against material construction defects independent of any express warranty in the building contract.

Scope of the Warranty

Who Can Enforce

Chapter 558 Pre-Suit Requirements

Before filing a construction defect lawsuit in Florida, Chapter 558 requires:

If the pre-suit process does not resolve the dispute, the claimant may proceed to litigation.

Statute of Repose

Under Section 95.11(3)(c), Florida Statutes: 4 years from completion for most defects, with a 10-year outer limit for latent defects discovered after the initial period.

Related Terms

Barnes Walker Construction Litigation

Barnes Walker’s litigation attorneys represent homeowners, developers, and contractors in implied warranty of fitness disputes throughout Southwest Florida. Request a legal inquiry for assistance.

Reviewed by the attorneys at Barnes Walker, Goethe, Shea & Robinson, PLLC

Disclaimer: The information and opinions provided are for general educational, informational or entertainment purposes only and should not be construed as legal advice or a substitute for consultation with a qualified attorney. Any information that you read does not create an attorney-client relationship with Barnes Walker, Goethe, Shea & Robinson, PLLC, or any of its attorneys. Because laws, regulations, and court interpretations may change over time, the definitions and explanations provided here may not reflect the most current legal standards. The application of law varies depending on your particular facts and jurisdiction. For advice regarding your specific situation, please contact one of our Florida attorneys for personalized guidance.

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