Section 6.31 Disclaimers

• Library: Construction Law 2016 Supp

4. (§6.31) Disclaimers

In Crowder v. Vandendeale, 564 S.W.2d 879 (Mo. banc 1978), overruled on other issues by Sharp Bros. Contracting Co. v. American Hoist & Derrick Co., 703 S.W.2d 901 (Mo. banc 1986), the Supreme Court of Missouri held that a buyer and seller may bargain away the implied warranty of habitability and quality, but indicated that the burden of proving that the parties intended to do so is great. The Court noted that a builder-vendor seeking to disclaim the warranty of habitability must not...