Berish v. Bornstein, 437 Mass. 252 (2002)
The Supreme Judicial Court extended the newly recognized implied warranty of habitability to the sale of new residential condominium units by builder-vendors. It protects purchasers of such condominiums against hidden defects that affect the safety or livability of their unit. That warrant was first created by the Court in Albrecht v. Clifford reported in the Fall 2002 issue of Construction Law Comments. In Albrecht, the warranty of habitability was applied to a new, single family home.
Osorno v. Simone, 56 Mass. App. Ct. 612 (2002)
The Appeals Court has ruled that the statute (C. 143, §51), placing strict liability on a building owner for injuries resulting from violations of the state building code, applies only to public or commercial structures. It does not apply to single-family houses or residential condominiums.
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