A . What is a marketable title? Explain. b. What is the implied warranty of habitability? Explain. c. Alice buys a home in which she plans to live with her family. After she moves in, everyone in the family becomes very ill. Eventually, they trace the source of the illness to chemicals in the cabinets and walls of the home. What can Alice do? Explain
a . Marketable title means that the title is free from (1) encumbrances such as mortgages, easements, liens, leases, and restrictive covenants; (2) defects in the chain of title appearing in the land records; and (3) any other defects that deprive the seller of title.
b. The implied warranty of habitability is an implied warranty by the builder-seller that a newly constructed house is free of latent defects. In some states, this implied warranty benefits only the original purchaser. In other states, the warranty has been extended to subsequent purchasers for a reasonable period of time.
c. If her state implies a warranty of habitability, Alice can sue the builder-seller for violation of the warranty of habitability. It is also possible that she may be able to pursue a warranty of merchantability or strict liability in tort action against the manufacturer of the cabinets and wallboard materials.
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