Conway v. Cutler Group, Inc., 2014 Pa. LEXIS 2084 (Pa. Supreme Court, 2014)

Posted by on Dec 9, 2014 in Uncategorized


Pennsylvania Supreme Court declines to extend implied warranty of habitability to subsequent purchaser.


Buyers of a three-year-old home sued the builder of the home for breach of the implied warranty of habitability.


  • A builder-vendor impliedly warrants that the home he has built and is selling is constructed in a reasonably workmanlike manner and that it is fit for the purpose intended — habitation.
  • The question of whether and/or under what circumstances to extend an implied warranty of habitability to subsequent purchasers of a newly constructed residence is a matter of public policy, properly left to the General Assembly.
  • Where a builder knows or should know that the first purchaser of a newly constructed home will not be the first user, any implied warranties must necessarily extend to the first user-purchaser.
  • Although cogent reasons exist for extension of the warranty to the second buyers, any extension is the province of the legislature.
  • The implied warranty of habitability is firmly grounded in contract law. Under the facts of this case, where the builder-vendor sold a new home to a purchaser-user, an action for breach of the implied warranty requires contractual privity between the parties.