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BUECHER v. CENTEX HOMES

No. 04-99-00337-CV.

18 S.W.3d 807 (2000)

Michael M. BUECHER, et al., Appellants, v. CENTEX HOMES, a Nevada Partnership, and Centex Real Estate Corporation d/b/a Centex Homes, Appellees.

Court of Appeals of Texas, San Antonio.

March 31, 2000.

Attorney(s) appearing for the Case

Bryan A. Woods, Bayne, Snell & Krause, San Antonio, for appellant.

Annalyn G. Smith, Bracewell & Patterson, L.L.P., San Antonio, Eugene A. Cook, Warren W. Harris, Bracewell & Patterson, L.L.P., Houston, for appellee.

Sitting: PHIL HARDBERGER, Chief Justice, TOM RICKHOFF, Justice, ALMA L. LÓPEZ, Justice, CATHERINE STONE, Justice, PAUL W. GREEN, Justice, SARAH B. DUNCAN, Justice, KAREN ANGELINI, Justice.

ON APPELLEE'S MOTION FOR REHEARING AND APPELLEE'S MOTION FOR EN BANC REHEARING

Opinion by: PHIL HARDBERGER, Chief Justice.

Can a builder cause a homeowner to waive the implied warranty of habitability and good and workmanlike construction by getting the homeowner to sign a contract of adhesion? We hold he cannot. In so holding, we affirm our belief in the continued viability of Melody Home Mfg. Co. v. Barnes, 741 S.W.2d...

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