Conn. Gen. Stat. » Title 47 — LAND AND LAND TITLES · Chapter 827 — New Home Warranties
Connecticut General Statutes

Conn. Gen. Stat. § 47-121 (2026)

(Formerly Sec. 52-563a). Implied warranty with certificate of occupancy

✓ current as of May 2026
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Subject to the provisions of section 29-265, the issuance by the building department of any municipality of a certificate of occupancy for any newly constructed single-family dwelling shall carry an implied warranty to the purchaser of such dwelling from the vendor who constructed it that such vendor has complied with the building code or the customary application and interpretation of the building code of such municipality. No action shall be brought on such implied warranty but within three years next from the date of the issuance of such certificate of occupancy.

(1963, P.A. 385; P.A. 75-637, S. 6; P.A. 80-108, S. 2.)

History: P.A. 75-637 referred to vendors rather than to persons, firms or corporations; P.A. 80-108 added qualifying phrase “subject to the provisions of section 19-400”; Sec. 52-563a transferred to Sec. 47-121 in 1983.

Annotations to former section 52-563a:

Builder-vendor is not liable under section to subsequent purchasers of home built and sold by him for defective workmanship in such home. 173 C. 567. Cited. 176 C. 432; 190 C. 299.

Cited. 1 CA 652.

Cited. 31 CS 316. Section is to be read and construed with Ch. 827 since that chapter and this section were all part of P.A. 75-637. 35 CS 177.

Annotations to present section:

Cited. 196 C. 509; 232 C. 527.

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Secs. 47-122 to 47-199. Reserved for future use.

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Notes of Decisions
Cited in 5 cases, 1983–2017 · leading case: Bartone v. Robert L. Day Co., 656 A.2d 221 (Conn. 1995).
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Bartone v. Robert L. Day Co., 656 A.2d 221 (Conn. 1995). · cites it 5× “General Statutes § 47-121, 6 which provides for a home owner an implied warranty that a newly constructed single-family home complies *535 with the building code, expressly limits such a cause of action to a period of three years from the issuance of a certificate of occupancy.”
Cashman v. Calvo, 493 A.2d 891 (Conn. 1985). · cites it 6× “The trial court resolved this problem by opining that the three year limitation contained in General Statutes § 47-121 was applicable, 3 but also noted that, if § 47-121 were inapplicable, the six year limitation of § 52-576 relating to implied contracts would control.”
Beckman v. Jalich Homes, Inc., 460 A.2d 488 (Conn. 1983). “Finally, the plaintiffs claim individual liability against Childress under General Statutes §§ 47-116 and 52-563a (now § 47-121). These sections impose liability under an implied warranty on the builder/vendor of a new home in favor of the purchaser of any improved real estate.”
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.”
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.”
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