Section 12 Implied Warranty Claims

• Library: Consumer Law and Practice 2010

As noted in § 3.6 above, the implied warranty cause of action calls for the home buyer to give the builder of the new home notice of and an opportunity to cure the defects in a newly constructed home before filing suit. See Crowder v. Vandendeale, 564 S.W.2d 879 (Mo. banc 1978); see also Ballwin Plaza Corp. v. H.B. Deal Constr. Co., 462 S.W.2d 687 (Mo. 1971). But later cases have held that giving the builder notice and an opportunity to cure is only required when the contract between the builder and the...