Illinois Bar Journal


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Articles on Warranties

The Implied Warranty of Habitability in Illinois: A Critical Review By Roger L. Price and M. Ryan Pinkston February 2010 Article, Page 92 A look at the implied warranty of habitability for Illinois homebuyers from the perspective of counsel for builders and sellers.
Otherwise invalid disclaimer may be made valid by parties’ “course of dealing” December 2006 Illinois Law Update, Page 650 On October 6, 2006, the Illinois Appellate Court, Third District, affirmed the decision of the Circuit Court of Will County, held that implied warranties had been disclaimed throughout the course of dealings between a window manufacturer and one of its parts suppliers, and granted the defendant parts supplier's motion to dismiss. 
Buyers of condominium units did not waive implied warranty of habitability when disclaimer in sales contract did not contain the phrase “implied warranty of habitability” February 2002 Illinois Law Update, Page 66 On November 21, 2001, the Illinois Supreme Court reversed the appellate court's affirmation of a motion to dismiss brought by condominium unit sellers.
Purchaser of used car stated claim for fraud based on concealment of known defect and statute of limitations for implied warranty began to toll anew when used vehicle was sold January 2002 Illinois Law Update, Page 14 On October 19, 2001, the Appellate Court of Illinois, First District, reversed the Circuit Court of Cook County, which dismissed the plaintiff's complaint alleging consumer fraud and breach of the implied warranty of merchantability.
Implied warranty of habitability does not extend to a clubhouse July 1999 Illinois Law Update, Page 351 On May 20, 1999, the Illinois Supreme Court held that the appellate court properly affirmed the circuit court's dismissal of the plaintiff's claim that the implied warranty of habitability extended to a clubhouse in a residential development.