Appellate Practice
Sep. 10, 2004
Home Buyers Should Not Have to Forgo Rights in Bad Housing Market
Forum Column - By Terri R. Brown - The 2nd District Court of Appeal's recent holding in Hicks v. Superior Court (Kaufman and Broad Home Corp.) , 115 Cal.App.4th 77 (2004) (review granted) - that a disclaimer of the implied warranty of quality in new home construction is enforceable if set forth in conspicuous and understandable language - is misguided and should be overturned, as it clearly violates established public policy.
By Terri R. Brown
The ...
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