Joseph hires a builder to build him a home according to certain specifications.Shortly after moving in, he discovers serious problems with the plumbing that cause his basement to flood.Neither the builder nor Joseph, however, was aware of the plumbing problems before he moved in.Which of the following legal actions might enable Joseph to recover damages?

Question

Quizplus · Accepted Answer

The implied warranty of habitability requires that a newly constructed home be fit for living in. The plumbing problems, which caused flooding in the basement, would likely be considered a breach of the implied warranty of habitability, and Joseph could recover damages from the builder. The other options (breach of substantial performance, failure of specific performance, mutual mistake) do not address the issue of the implied warranty of habitability and would not be as strong a basis for recovery in this scenario.

Joseph Hires a Builder to Build Him a Home According