Implied Warranty of Habitability in Texas—The Unanswered Questions
Campbell, Katherine A.
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Discusses the Texas Supreme Court’s case Kamarath v. Bennett, which adopted the implied warranty of habitability in Texas. The case, however, left three important unanswered questions: “patent vs. latent defects, possibility of waiver and availability of remedies.” The author attempts to clarify the ruling in Kamarath and make recommendations for consistency.