Section 6.29 Owners

• Library: Construction Law 2016 Supp

2. (§6.29) Owners

As discussed in §6.26 above, owners of residential properties may be liable for breaches of the warranty of habitability if the owner is a “builder-vendor” as contemplated under the caselaw. Cox v. Clark, 949 S.W.2d 231 (Mo. App. S.D. 1997); Mobley v. Copeland, 828 S.W.2d 717 (Mo. App. S.D. 1992).

If the owner is also a lessor of property, a separate warranty of habitability is implied. Proffer v. Randall, 755 S.W.2d 655 (Mo. App. E.D. 1988). In Proffer the court noted that an implied...