(a) In every sale of an improvement by a vendor to a purchaser, except as provided in subsection (b) of this section or excluded or modified pursuant to subsection (d) of this section, warranties are implied that the improvement is: (1) Free from faulty materials; (2) constructed according to sound engineering standards; (3) constructed in a workmanlike manner; and (4) fit for habitation, at the time of the delivery of the deed to a completed improvement, or at the time of completion of an improvement not completed when the deed is delivered.
(b) The implied warranties of subsection (a) of this section shall not apply to any condition that an inspection of the premises would reveal to a reasonably diligent purchaser at the time the contract is signed.
(c) If the purchaser, expressly or by implication, makes known to the vendor the particular purpose for which the improvement is required, and it appears that the purchaser relies on the vendor's skill and judgment, there is an implied warranty that the improvement is reasonably fit for the purpose.
(d) Neither words in the contract of sale, nor the deed, nor merger of the contract of sale into the deed is effective to exclude or modify any implied warranty; provided, if the contract of sale pertains to an improvement then completed, an implied warranty may be excluded or modified wholly or partially by a written instrument, signed by the purchaser, setting forth in detail the warranty to be excluded or modified, the consent of the purchaser to exclusion or modification, and the terms of the new agreement with respect to it.
(e) The implied warranties created in this section shall terminate: (1) In the case of an improvement completed at the time of the delivery of the deed to the purchaser, one year after the delivery or one year after the taking of possession by the purchaser, whichever occurs first; and (2) in the case of an improvement not completed at the time of delivery of the deed to the purchaser, one year after the date of the completion or one year after taking of possession by the purchaser, whichever occurs first.
(P.A. 75-637, S. 3; P.A. 07-217, S. 178.)
History: P.A. 07-217 made technical changes in Subsec. (a), effective July 12, 2007.
Cited. 196 C. 509; 212 C. 816; 215 C. 286; 232 C. 666.
Cited. 7 CA 435; 11 CA 289; 19 CA 280; 26 CA 601. Implied warranties created by section are owed by a builder/vendor in every sale of an improvement to the original purchaser where home is sold by intermediary vendor. 207 CA 630.
Subsec. (d):
Language of purported disclaimer of implied new home warranties fell so far short of complying with disclaimer provisions that court determined “it warrants no further discussion”. 62 CA 113.
Subsec. (e):
Statutory 1-year limitation relates to the time within which a cause of action must arise, not to the time within which an implied warranty action must be commenced. 196 C. 509.
Notes of Decisions
Cited in
15
cases (
1 in the last 5 years), 1985–2021 · leading case:
Onofrio v. Mineri, 207 Conn. App. 630 (Conn. App. Ct. 2021).
Onofrio v. Mineri, 207 Conn. App. 630 (Conn. App. Ct. 2021).
· cites it 11× “See General Statutes § 47-118 (a) (3). Tim- berwood exclusively contends on appeal that no war- ranties existed between it and the plaintiffs because it was not the selling vendor and, therefore, is not a ‘‘ven- dor’’ for purposes of § 47-118 (a).”
Cashman v. Calvo, 493 A.2d 891 (Conn. 1985).
· cites it 18× “General Statutes § 47-118 (a) (1) and (3).”
Cafro v. Brophy, 774 A.2d 206 (Conn. App. Ct. 2001).
· cites it 11× “General Statutes § 47-118 (d), relating to implied warranties, provides: “Neither words in the contract of sale, nor the deed, nor merger of the contract of sale into the deed is effective to exclude or modify any implied warranties, provided, if the contract of sale pertains to…”
Willow Springs Condo. Ass'n v. Seventh BRT Dev. Corp., 717 A.2d 77 (Conn. 1998).
· cites it 2× “” General Statutes § 47-118 provides: “Implied warranties, (a) In every sale of an improvement by a vendor to a purchaser, except as provided in subsection (b) of this section or excluded or modified pursuant to subsection (d), warranties are implied that the improvement is: (1)…”
Beucler v. Lloyd, 851 A.2d 358 (Conn. App. Ct. 2004).
· cites it 4× “” *738 General Statutes § 47-118 (d) provides: “Neither words in the contract of sale, nor the deed, nor merger of the contract of sale into the deed is effective to exclude or modify any implied warranty; provided, if the contract of sale pertains to an improvement then…”
Keppel v. BaRoss Builders, Inc., 509 A.2d 51 (Conn. App. Ct. 1986).
· cites it 2× “The plaintiffs’ amended complaint was in four counts: breach of contract; failure to complete work contracted for, and completion of some of the work in an unworkmanlike manner; negligent performance of services; and breach of implied warranties under General Statutes § 47-118.…”
Gibbs v. Mase, 526 A.2d 7 (Conn. App. Ct. 1987).
· cites it 2× “In the second count of the complaint, the plaintiff alleged that the defendant breached an express warranty in violation of General Statutes § 47-117 (a) (1), and in the third and fourth counts, the plaintiff claimed that the defendant breached an implied warranty in violation…”
Krawiec v. Blake Manor Dev. Corp., 602 A.2d 1062 (Conn. App. Ct. 1992).
· cites it 8× “I The defendant first claims that the court improperly concluded that it had violated implied warranties under General Statutes § 47-118. 5 The defendant argues that *605 General Statutes §§ 47-116 through 47-121, entitled “New Home Warranties,” limits the warranties to…”
Clem Martone Constr., LLC v. Depino, 77 A.3d 760 (Conn. App. Ct. 2013).
· cites it 2× “The [defendants were to] have the benefit of the express and implied statutory warranties provided by General Statutes § 47-118 and General Statutes § 47-121, which entitle the purchaser of home construction services to, inter alia, workmanlike construction and habitability.”
Fengler v. Nw. Connecticut Homes, Inc., 575 A.2d 696 (Conn. 1990).
· cites it 2× “On the second day of trial, the plaintiffs sought to amend their complaint by adding a second count that alleged a breach of the implied statutory warranty of fitness under General Statutes §§ 47-118 and 47-119. The defendants objected to the amendment.”
Luongo Constr. & Dev., LLC v. MacFarlane, 170 A.3d 57 (Conn. App. Ct. 2017).
· cites it 2× “3 The court also found that Luongo LLC had breached its express warranty, pursuant to § 47-117, and implied warranty, pursuant to § 47-118, but that MacFarlane failed to demonstrate a violation of § 47-121, which creates a warranty when a certificate of occupancy issues.”
Winthrop House Ass'n v. Brookside Elm Ltd. Partners, 451 F. Supp. 2d 336 (D. Conn. 2005).
· cites it 4× “§ 47-116 (definitions), 47-117 (express warranties), and § 47-118 (implied warranties). Immediately following these statutory provisions, the POS contains the following provision entitled “LIMITATIONS ON WARRANTIES”: PURSUANT TO SECTIONS 47-276(b) AND 47-118(d) OF THE…”
— Conn. Gen. Stat. § 47-118(d) — 1 case
Winthrop House Ass'n v. Brookside Elm Ltd. Partners, 451 F. Supp. 2d 336 (D. Conn. 2005).
“§ 47-116 (definitions), 47-117 (express warranties), and § 47-118 (implied warranties). Immediately following these statutory provisions, the POS contains the following provision entitled “LIMITATIONS ON WARRANTIES”: PURSUANT TO SECTIONS 47-276(b) AND 47-118(d) OF THE…”
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