Brad Goss, partner in the firm's St. Louis office, discusses the evolution of habitability warranties in his article, "Waiving the Implied Warranty of Habitability - A Knowing Waiver or No Waiver." The article, which was published in the October 2013 edition of Builder News, discusses implied warranties of habitability and how they have evolved from covering problems that made houses uninhabitable to simple quality complaints.
While the scope of these implied warranties have been expanded, the bar has been raised for obtaining a waiver. Pre-printed waivers that are set out in bold will not accomplish a waiver of the implied warranty. Brad explains the alternatives to waivers that builders can offer to buyers.