Enforceability Status
Ohio recognizes an implied warranty of habitability for new residential construction under Mitchem v. Johnson (1966). Ohio courts have addressed the modification of implied warranties and generally require that any waiver be clear, conspicuous, and not unconscionable. The enforceability of a habitability waiver depends on the specific contract terms and circumstances.
Legal Analysis
Ohio recognizes an implied warranty of habitability in the sale of newly constructed homes. The Ohio Supreme Court in Mitchem v. Johnson (1966) held that a builder-vendor of a new home impliedly warrants that the home is constructed in a workmanlike manner and is suitable for habitation. This warranty was extended to protect buyers from latent defects not discoverable through reasonable inspection.
Ohio law addresses the modification of implied warranties through both common law and statutory provisions. Ohio Rev. Code Section 1302.29 governs warranty disclaimers in the sale of goods context, and courts have applied analogous principles to real property transactions. A waiver of the implied warranty of habitability must be clear, conspicuous, and not unconscionable to be enforceable.
The Ohio Supreme Court's decision in Roberts v. Estate of Pursley (2010) addressed the scope and limitations of the implied warranty in residential construction, clarifying the relationship between implied warranty claims and other construction defect theories. Ohio courts continue to evaluate warranty provisions on a case-by-case basis, considering the totality of the contract and the circumstances of the transaction.
Ohio's statute of repose for construction claims, Ohio Rev. Code Section 2305.131, provides a ten-year period from substantial completion of the improvement. This statutory limitation applies regardless of contractual warranty provisions and provides a framework within which construction defect claims must be brought.
Relevant Ohio Law
Ohio Supreme Court recognized the implied warranty of habitability for newly constructed homes, holding builders warrant workmanlike construction and fitness for habitation.
Establishes a ten-year statute of repose for claims arising from improvements to real property in Ohio.
Related Cases
Established the implied warranty of habitability for new residential construction in Ohio, providing buyers with protection against latent construction defects.
Builders in Ohio Using This Clause
What Ohio Buyers Should Know
- Understand Ohio's implied warranty Ohio law provides an implied warranty of habitability for newly constructed homes under Mitchem v. Johnson. This warranty protects against defects rendering a home unfit for habitation.
- Assess waiver conspicuousness Ohio courts require warranty waivers to be clear and conspicuous. A waiver buried in fine print or standard form language may be less likely to be enforced.
- Note the ten-year repose period Ohio provides a ten-year statute of repose for construction defect claims under Ohio Rev. Code Section 2305.131. Document and report defects promptly to preserve your legal options.
- Seek legal advice on waiver enforceability The enforceability of a habitability waiver in Ohio depends on specific contract language and circumstances. An attorney can evaluate whether a particular waiver provision is likely to be upheld.