Brief Fact Summary. Axline, (Appellant) appeals a judgment by the trial court granting a motion for partial summary judgment brought by Kutner’s, (Appellee).
Synopsis of Rule of Law. In order to disclaim a warranty of habitability, the language of the disclaimer must be clear and give adequate notice to the buyer of the protections the buyer is disclaiming.
Issue. Whether the contract terms that limited the warranties included in the real estate transaction to one year are valid.
Held. No. The warranty was not properly disclaimed because the one-year builder’s warranty did not indicate what the builder was warranting.
When a complaint is tested by a Rule 12.02(6) motion to dismiss, we must take all the well-pleaded, material factual allegations as true, and we must construe the complaint liberally in the plaintiff's favor.View Full Point of Law