DARYL PARKER AND WIFE, PATRICIA L. PARKER v. DION THORNTON, SR., 596 So. 2d 854

Summary

The buyers purchased a new home from the contractor. The contractor informed that them that the house had a reinforced foundation. He also told them that he had personally watched the lot being cleared and prepared for the foundation. Several cracks developed in the walls, ceiling, and driveway shortly after the buyers took possession. After the repair work was completed, the buyers commenced an action against the contractor for negligence and breach of warranty. The trial court entered a judgment in favor of the contractor after a jury found in his favor. The buyers appealed from that judgment, which was reversed. The matter was remanded for a new trial. An implied warranty that a new home was constructed in a workmanlike manner and was suitable for habitation existed between a builder-vendor and his vendee. Furthermore, a negligence action was also available when a builder failed to perform his obligations with care, skill, and reasonable experience. Given that roots, debris, and a ...