Narrative Opinion Summary
The Illinois Appellate Court upheld a judgment favoring the Briarcliffe West Townhouse Owners Association against Wiseman Construction Company for breach of an implied warranty of habitability concerning common land. The association alleged persistent drainage issues, impacting the habitability of the property, despite Wiseman's acknowledgment of the problems. The bench trial awarded the association $25,443.03, addressing Wiseman's affirmative defenses, including the assertion of a disclaimer of the implied warranty in purchase agreements. The court rejected Wiseman's position, ruling the disclaimer insufficient as it lacked explicit reference to 'habitability.' Furthermore, the court confirmed the association's standing to sue on behalf of the common land, noting latent defects in these areas could affect the overall habitability of the residential units. The judgment considered testimony from engineers and residents, establishing a breach of the implied warranty. The appellate court found the trial court's award for damages, based on repair costs, reasonable and not against the manifest weight of the evidence, thus affirming the decision.
Legal Issues Addressed
Assessment of Damages for Breachsubscribe to see similar legal issues
Application: Damages for breach of the implied warranty of habitability are measured by the cost of repairs, with the amount subject to the court's discretion.
Reasoning: In cases of breach of the implied warranty of habitability, damages are measured by the cost of repairs.
Disclaimer of Implied Warrantysubscribe to see similar legal issues
Application: A disclaimer of the implied warranty of habitability must explicitly reference 'habitability' and be clearly articulated to be effective.
Reasoning: The court found that the disclaimer clause in question did not reference 'habitability' nor clarify the implications of such a disclaimer, rendering it insufficient to effectively disclaim the implied warranty of habitability as established in the Tassan and Herlihy cases.
Implied Warranty of Habitability for Common Landsubscribe to see similar legal issues
Application: The court affirmed that the implied warranty of habitability extends to vacant common land and is not limited to residential units.
Reasoning: An implied warranty of habitability can extend to vacant common land, as established in a prior appeal.
Manifest Weight of the Evidencesubscribe to see similar legal issues
Application: The appellate court will uphold the trial court's judgment unless it is against the manifest weight of the evidence.
Reasoning: The court noted that Wiseman could only seek to reverse the trial court’s judgment if it was found to be against the manifest weight of the evidence.
Standing of Homeowners Associationsubscribe to see similar legal issues
Application: The association has standing to sue for breach of the implied warranty of habitability regarding common land.
Reasoning: The court previously established the association's standing to sue for this breach.