Abstract
For a large part of legal history, the rule of law concerning the sale of residential homes was caveat emptor. However, in the latter part of this century, courts and legislators have changed this outmoded view of home seller liability by modifying, amending and even overruling previous law to meet the needs of the times. This Note discusses the variety of causes of action that have emerged in Arizona and other states to replace the now defunct caveat emptor rule regarding homeowners' claims against developers for material latent defects. Specifically, this Note addresses the elements and predominant shortcomings of each of the current viable causes of action. Finally, this Note argues for the use of strict liability against builders of mass produced homes, for damage to the home itself, beginning with the premises the New Jersey Supreme Court laid in the foundation case of Schipper v. Levitt & Sons, Inc.
How to Cite
McKernan, L. Y., (1996) “Strict Liability against Homebuilders for Material Latent Defects: It's Time, Arizona”, Arizona Law Review 38(1), 373–397.
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