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Claim: Miami Beach cultural center condo unit riddled with construction defects, P.2

In our previous post, we began looking at a lawsuit filed by a condo unit buyer in connection with the Faena Forum, a high profile cultural center in Miami Beach. As we noted, breach of warranty was one of the claims the unit buyer included in his complaint.

Although there are several recognized warranties which are likely alleged in the case, we’ve been commenting specifically on the implied warranty of fitness and merchantability. This warranty, along with the implied warranty of fitness as to work and materials, is important in addressing construction defect issues with respect to condos, but these are not the only possible warranties that can apply in condominium cases. 

Florida courts recognize a number of implied warranties under common law when certain circumstances arise. One important point to note with some implied warranties is that because they are implied, they can be disclaimed. An example of this is the implied warranty of habitability, which guarantees that a newly constructed residence meets the ordinary expectations of livability. This warranty may be expressly disclaimed, but it must be clear, unambiguous and specific as to what is disclaimed to be effective.

Needless to say, it is important for condo buyers—and other real estate buyers as well—to understand what warranties—both implied and express—apply in their case in order to seek an appropriate remedy for construction defects in court. As we’ve noted before, navigating construction defects and warranty law is not always an easy matter, and having a skilled advocate at one’s side is essential to ensure that a real estate buyer’s rights and interests are zealously protected and advocated

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