Roger Price and Ryan Pinkston Published in Illinois Bar Journal
"The Implied Warranty of Habitability in Illinois: A Critical Review"

Roger Price and Ryan Pinkston’s article, “The Implied Warranty of Habitability in Illinois: A Critical Review,” is published in the February 2010 issue of the Illinois Bar Journal. In their article, Roger and Ryan discuss the origins of the judicially created warranty and trace its evolution in Illinois jurisprudence.

Their article highlights four key questions that Illinois courts have yet to answer completely: how an effective disclaimer must be drafted; how long the warranty lasts under Illinois' statutes of limitations and repose, particularly for multiple owners who purchased in the same building at different times; what the correct measure of damages should be in multiple-owner actions; and how the Residential Real Property Disclosure Act eliminates any theoretical reliance a subsequent purchaser could have had on the original builder. The authors conclude by calling for legislative codification or rejection of the doctrine, so that parties may better know the risks they assume when building or purchasing homes.