Oregon’s case law regarding implied home warranties have long floated derelict, lacking the clarity needed for effective consumer protection and simultaneously subjecting developers to uncertain liability. Now 40 years since Oregon’s adoption of implied warranties, recent decisions from other states focus our attention on the lack of evolution and refinement here in Oregon.
Warranties and Implied Warranties Generally
The term “warranty” describes a right of correction or repair associated with the purchase of a specific item. Warranties are typically written, describing the scope of the protection, the time period, and the logistics of making a claim. Common examples are folded-paper inserts found in consumer purchases such as toasters and televisions, the language of which is remarkable for uselessness and indecipherability. However, most consumers do not realize that the law provides warranties not found in any fine print: so-called “implied warranties.” Implied warranties for consumer goods are found within the Uniform Commercial Code (“UCC”) adopted throughout the United States. These UCC implied warranties are almost perfectly uniform in language and interpretation, which makes them fairly predictable for both consumers and manufacturers.
Home Warranties Specifically
Implied warranties in home purchases are far less uniform and less predictable. Continue Reading