Enforceability Status
Missouri recognizes an implied warranty of habitability for new residential construction under Smith v. Old Warson Development Co. (1972). However, Missouri courts also generally respect freedom of contract, and the enforceability of a contractual waiver depends on the specific language, conspicuousness, and whether the provision is unconscionable.
Legal Analysis
Missouri recognizes the implied warranty of habitability for newly constructed homes. The Missouri Supreme Court in Smith v. Old Warson Development Co. (1972) held that a builder-vendor of a new home impliedly warrants that the home is constructed in a reasonably workmanlike manner and is suitable for habitation. The court reasoned that the modern homebuyer relies on the builder's skill and is not in a position to evaluate construction quality.
Missouri's approach to contractual waivers of the implied warranty involves balancing the protective purpose of the warranty against the state's respect for freedom of contract. Missouri courts have not definitively ruled on whether the implied warranty of habitability can be completely waived in a residential construction contract, leaving the question uncertain.
Missouri's Merchandising Practices Act (Mo. Rev. Stat. Section 407.010 et seq.) prohibits deception, fraud, false pretense, misrepresentation, and unfair practices in consumer transactions. A warranty waiver provision that misleads buyers about their legal rights or deprives them of expected protections may be actionable under this statute.
Missouri applies a five-year statute of limitations for construction-related claims and a ten-year statute of repose under Mo. Rev. Stat. Section 516.097 for claims arising from improvements to real property. These limitation periods apply regardless of contractual warranty provisions and establish the framework within which construction defect claims must be brought.
Relevant Missouri Law
Missouri Supreme Court recognized the implied warranty of habitability for new residential construction, holding builders warrant fitness for habitation.
Prohibits deception, fraud, and unfair practices in consumer transactions, potentially applicable to misleading warranty waiver provisions.
Establishes a ten-year statute of repose for claims arising from improvements to real property in Missouri.
Related Cases
Established the implied warranty of habitability for new homes in Missouri, holding builder-vendors warrant workmanlike construction and fitness for habitation.
Builders in Missouri Using This Clause
What Missouri Buyers Should Know
- Understand the implied warranty exists Missouri law provides an implied warranty of habitability for new homes under Smith v. Old Warson Development Co. This warranty exists as a matter of law regardless of contract terms.
- Assess waiver enforceability The enforceability of habitability waivers in Missouri is uncertain. Have an attorney review specific waiver language to evaluate its potential effect on your rights.
- Consider Merchandising Practices Act claims Misleading warranty waiver provisions may be actionable under Missouri's Merchandising Practices Act. Consult an attorney about potential claims under this statute.
- Act within limitation periods Missouri provides a ten-year statute of repose for construction defect claims. Document defects promptly and seek legal advice about applicable limitation periods.