Question 1

What does the implied warranty of habitability guarantee?

Accepted Answer

The implied warranty of habitability guarantees that a newly constructed home will be suitable for human habitation at the time of delivery. In Florida, this means the home must have: a sound structural foundation and framing, a weathertight building envelope (roof, walls, windows, doors), functioning plumbing, electrical, and HVAC systems, compliance with the applicable Florida Building Code, and freedom from material defects in workmanship and materials. The warranty is a creation of Florida common law, established in Gable v. Silver (1972), and exists as a matter of public policy to protect homebuyers from latent defects that may not be apparent at the time of purchase.

Question 2

Who is liable under the implied warranty of habitability in Florida?

Accepted Answer

The primary party liable is the builder or developer who constructed the home. In Florida, liability may also extend to: the general contractor (if different from the developer), subcontractors whose work caused the defect, design professionals (architects, engineers) if the defect results from a design error, and product manufacturers if the defect is caused by a defective building material or component. The condominium developer is liable to the condominium association and individual unit owners for defects in both units and common elements. Subsequent purchasers may also have standing to bring claims against the original builder, though the law in this area continues to evolve.

Question 3

What damages are available for breach of the implied warranty of habitability in Florida?

Accepted Answer

Florida buyers may recover several categories of damages: cost of repair or replacement of defective components, diminution in property value if repair does not fully restore the home, consequential damages (alternative housing costs during repairs, storage fees, damaged personal property), and in some cases, attorney fees and costs. Punitive damages may be available if the builder engaged in willful misconduct or fraud (for example, knowingly concealing defects). The measure of damages depends on whether repair is feasible and whether the defect has been corrected. Florida follows the "cost of repair" measure unless the cost of repair exceeds the diminution in value, in which case the lower measure applies.

Implied Warranty of Habitability

Implied Warranty of Habitability

What the Warranty Guarantees

Liable Parties

Available Damages

Related Terms

Barnes Walker Habitability Claims

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