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Property Keyed to Saxer
Speight v. Walters Development Co., Ltd.
Facts
In 1995, Walters Development Co. Ltd. (Defendant), a builder-vendor, constructed a customized home for the original buyer. On August 1, 2000, Robert and Beverly Speight (Plaintiffs) purchased the home. Plaintiffs subsequently discovered water damage and mold caused by defective construction. Plaintiffs sued Defendant on May 23, 2005, for breach of implied warranty of workmanlike construction. Both parties moved for summary judgment. The trial court ruled in favor of Defendant, finding that, as subsequent purchasers of the home, Plaintiffs could not bring an implied warranty claim. The trial court also found that, even if Plaintiffs could maintain an implied warranty claim, the statute of limitations would bar the claim.The court of appeals affirmed.
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