Split Sidewalk? It's The Developer's (Or Lender's) Burden

Law360, New York (August 23, 2013, 11:01 AM EDT) -- In its July 11, 2013, ruling on Maronda Homes v. Lakeside Reserve Homeowners Association, the Florida Supreme Court upheld the significant expansion of the law of implied warranties of fitness and merchantability, holding that such warranties apply to improvements that provide “essential services” to the habitability of a residence.

In a consumer protection-oriented decision, the court sided with homeowners and against the property developer, noting that the “house is the fondest dream and largest investment, both emotionally and financially, for Florida families.”

The decision has significant...
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