Zambrano v. M & RC II LLC
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The Supreme Court held that public policy prohibits an agreement between a builder-vendor and a homebuyer to disclaim and waive the warranty of workmanship and habitability implied in every contract entered into between the buyer-vendor and homebuyer and to replace it with an express warranty.
Plaintiff entered into a preprinted purchase agreement with M & RC II, LLC to buy a home that M & RC II's affiliate, Scott Homes Development Company, would build. Plaintiff later sued M & RC II and Scott Homes (together, Defendants) for breach of the implied warranty of workmanship and habitability. Defendant moved for summary judgment on the ground that Plaintiff had waived the implied warranty per the purchase agreement. The trial court granted summary judgment for Defendant. The court of appeals reversed. The Supreme Court affirmed, holding that the public policy underlying the implied warranty of workmanship and habitability clearly outweighed enforcement of the waiver of that warranty in the purchase agreement.
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