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CONWAY v. CUTLER GROUP, INC.

No. 80 MAP 2013

99 A.3d 67 (2014)

Michael and Deborah CONWAY, h/w, Appellees v. The CUTLER GROUP, INC. d/b/a The David Cutler Group, Inc., Appellant.

Supreme Court of Pennsylvania.

Decided August 18, 2014.

Attorney(s) appearing for the Case

Bruce William Bellingham, Esq. , Jennifer Myers Chalal, Esq. , Paul R. Rosen, Esq. , Spector Gadon & Rosen, P.C., Philadelphia, for The Cutler Group, Inc., d/b/a The David Cutler Group.

Ronald M. Agulnick, Esq. , West Chester, for Homebuilders Association of Chester and Delaware Counties, amicus curiae.

Loudon L. Campbell, Esq. , Robert B. Hoffman, Esq. , Eckert Seamans Cherin & Mellott, LLC, Harrisburg, for Pennsylvania Builders Association, amicus curiae.

Christopher Aloysius Bradley, Esq. , Steven Fisher Fairlie, Esq. , Fairlie & Lippy, PC, North Wales, for Michael Conway and Deborah Conway.

Paul Timothy Kelly, Esq. , Mattise & Kelly, P.C., Scranton, for Pennsylvania Association for Justice, amicus curiae.

CASTILLE, C.J., SAYLOR, EAKIN, BAER, TODD, McCAFFERY, STEVENS, JJ.

OPINION

Justice McCAFFERY.

The issue presented in this case is whether a builder's implied warranty of habitability, which protects those who purchase a newly constructed home from latent defects, may also be invoked by subsequent purchasers of the home. We hold that a subsequent purchaser of a previously inhabited residence may not recover contract damages for breach of the builder's implied warranty of habitability.

In September 2003, The...

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