Enforceability Status
Michigan recognizes an implied warranty of habitability for new residential construction under Weeks v. Slavick Builders, Inc. (1964). However, Michigan law also permits contractual modification of warranties under certain conditions. The enforceability of a habitability waiver depends on the specific contract language, its conspicuousness, and whether the waiver is unconscionable.
Legal Analysis
Michigan recognizes the implied warranty of habitability and fitness for the purpose intended in new home construction. The Michigan Supreme Court in Weeks v. Slavick Builders, Inc. (1964) held that a builder-vendor of a new home impliedly warrants that the home is constructed in a workmanlike manner and is fit for habitation. This warranty was adopted to protect buyers from latent defects.
Michigan's approach to the modification of implied warranties is shaped by both common law and statutory provisions. The Michigan Consumer Protection Act (MCLA 445.901 et seq.) prohibits unfair, unconscionable, or deceptive methods, acts, or practices in trade or commerce. A warranty waiver that effectively deprives buyers of fundamental protections may be challenged under this statute.
Michigan's statute of repose for construction claims, MCLA 600.5839, provides a six-year period from the time of occupancy, use, or acceptance. This statutory limitation applies independently of contractual warranty provisions. Michigan also applies a general six-year statute of limitations for contract claims under MCLA 600.5807.
The enforceability of a habitability waiver in Michigan involves balancing the implied warranty doctrine against freedom of contract principles. Michigan courts apply unconscionability analysis to evaluate one-sided contract provisions, and a complete waiver of habitability protections in a standard form contract may be found unconscionable, particularly where the buyer had no meaningful opportunity to negotiate the terms.
Relevant Michigan Law
Recognized the implied warranty of habitability for new residential construction in Michigan, holding builders warrant fitness for habitation.
Prohibits unfair, unconscionable, or deceptive practices in trade or commerce, potentially applicable to warranty waiver provisions.
Establishes a six-year statute of repose for claims arising from improvements to real property, running from occupancy, use, or acceptance.
Related Cases
Established the implied warranty of habitability for newly constructed homes in Michigan, providing foundational buyer protection against latent defects.
Builders in Michigan Using This Clause
What Michigan Buyers Should Know
- Understand the implied warranty exists Michigan law provides an implied warranty of habitability for new homes. This warranty protects buyers from latent defects not discoverable at the time of purchase.
- Challenge unconscionable waiver terms A habitability waiver in a standard form contract may be challenged as unconscionable under Michigan law. Consult an attorney if your contract contains such a provision.
- Consider Consumer Protection Act claims The Michigan Consumer Protection Act may provide additional remedies against unfair warranty waiver provisions. An attorney can advise on potential claims under this statute.
- Act within limitation periods Michigan's six-year statute of repose runs from occupancy or acceptance. Report and document defects promptly to preserve your legal options within this timeframe.