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Video Transcribed: Tulsa Attorney Brian Carter here with Tulsaconstructionlawyer.com and in this video I’m going to talk about what a warranty of habitability is. When someone builds a house or sells a house, a new home, there is an implied warranty that the new home is or will be completed in a workman-like manner.
Or it will be reasonably fit for occupancy as a place of abode in absence of an agreement to the contrary, and that such implied warranty exists as a matter of law, both when the home is being sold completely constructed and when, at the time of the sale, the home is being constructed or is to be constructed.
The implied warranty of habitability transfers between subsequent owners or purchasers, and it can also extend to materials that have been supplied, materials and equipment supplied to a new home. This is a creature of public policy and it stems in equity and there is no contractual privily required.
In other words, like I said, it transfers between subsequent purchasers or owners and privily is just a relationship between parties having equal legal recognized interest in a same contract. That’s not required with the implied warranty of habitability.
Like I said, it does transfer between owners. There is a similar warranty of in-habitability for rental property as well. So if you have someone who is renting from you, there is an implication that the property is fit for habitability.
