Case Law Summaries

Romano v. Chapman

CONTRACTS; ATTORNEY REVIEW—Once an attorney has approved a residential sales contract under the three-day attorney review provision, the attorney cannot then reject the contract within the three-day period.

• Opinion Date: March 6, 2003
• Real Property Law

Gordon Development Group, Inc. v. Bradley

CONTRACTS; ATTORNEY REVIEW—The attorney review period in a broker prepared contract starts and ends at the same time for both buyer and seller and is nothing more than a provision that allows for cancellation of the contract within a limited period of time under certain conditions.

• Opinion Date: July 18, 2003
• Real Property Law

Biniek v. Exxon Mobil Corp.

CONTRACTORS; STATUTE OF REPOSE—Installing replacement underground storage tanks does not qualify as an activity constituting improvement to real property for the purpose of granting protection under the ten year construction statute of repose.

• Opinion Date: March 7, 2003
• Real Property Law

Harris v. C & C Developers

CONTRACTORS; NEW HOME WARRANTY—If a new home warranty arbitrator determines that an alleged defect is not covered by the warranty, the owner is not then barred from pursuing a remedy in court as a breach of contract claim.

• Opinion Date: March 5, 2003
• Real Property Law

Selmon v. J. Mariano Construction, Inc.

CONTRACTORS; NEW HOME WARRANTY—It is not necessary to prove a total failure of a heating system to come within the two year coverage of the New Home Warranty Program.

• Opinion Date: April 25, 2003
• Real Property Law

Marchionda v. Peachtree Estates, Inc.

CONTRACTORS; NEW HOME WARRANTY—Where a home builder’s contract limits a homeowner to claims that can be made under the new home warranty, if the homeowner elects arbitration and can’t convince the arbitrator that an alleged defect is covered by the warranty, it cannot base a suit on a different theory.

• Opinion Date: May 14, 2003
• Real Property Law

Lange v. Curcio

CONTRACTORS; NEW HOME WARRANTY—The jurisdictional deadline for filing a claim under the New Home Warranty program may be extended for equitable reasons such as a contractor not presenting the warranty information to the homeowner.

• Opinion Date: September 18, 2003
• Real Property Law

Countryside Construction and Design v. Pisciotta

CONTRACTORS; NEW HOME WARRANTY—Water infiltration is a performance standard defect covered by the New Home Warranty program, and if such infiltration is to be excused because it results from a change in the water table, it is the contractor’s burden to prove so.

• Opinion Date: October 15, 2003
• Real Property Law

Scott v. Mayflower Home Improvement Corp.

CONTRACTORS; MORTGAGES; ASSIGNEES—The FTC Holder Rule is an exception to the doctrine that a holder in due course of a negotiable instrument takes free of almost all claims and defenses that could have been asserted against the original creditor and it applies to consumer contracts such as home improvement contracts.

• Opinion Date: June 9, 2003
• Real Property Law

Houseal v. Greentree Village

CONTRACTORS; LIABILITY—Where a snow removal company’s contract only required it to remove snow when asked to do so, its failure to monitor conditions or remove ice is not grounds for liability.

• Opinion Date: January 15, 2003
• Real Property Law