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Commercial Law Keyed to Lopucki
Hershey v. Rich Rosen Construction Co
Facts
Appellant completed construction of the house at issue in this case on April 1, 1976. Appellees purchased a home from the second owner of this house. Prior to the purchase, Appellees performed a “walk-around inspection during which he did not see any cracks or defects in the stucco on the exterior of the house. After two years Appellees discovered that the problem resulted from the exterior application being improperly done at the time of construction. There were building code violations and the workmanship was below average at best. At that point Appellee brought this suit. Appellant contends that a “reasonable inspection” must include, as one of its components, an inspection by an expert or professional home inspection services to scrutinize the house for internal defects prior to purchase. In addition, Appellant contends that the trial court’s extension of an implied warranty more than twelve years after completion of construction is unreasonable and fails to meet the limit ations on the warranty set forth in previous cases.
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