Ill. Developers, Check Your IWOH Claim Risk

Law360, New York (December 12, 2012, 12:36 PM EST) -- Since the 1970s, courts in nearly all 50 states have recognized the implied warranty of habitability, (IWOH), which is based on the underlying public policy designed to "protect purchasers of new houses upon discovery of latent defects in their homes." In Illinois, the implied warranty was first recognized in the landlord-tenant context in Jack Spring Inv. v. Little by requiring landlords to keep their property "habitable."

As courts have sought to further protect consumers, the warranty has expanded to include the protection of purchasers of new...
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