Time to add to the conversation about building safety and the draft Bill? In 1893 the Sale of Goods Act was passed to imply basic warranties and conditions into contracts to protect consumers./1
Consumers buy on trust, assuming (reasonably) suppliers owe duties to ensure goods are fit for purpose. Also consumers lack expertise to evaluate quality for themselves. /2
When buying a new build home buyers likewise have to trust but there are no implied contractual terms. May be express terms if buying off plan but shouldn't there always be implied terms? /3
These implied warranties should then transfer to later purchasers giving contractual remedies for building defects, subjects to limitation periods./4
So we need to also take the opportunity in the Building Safety Bill to think about implied terms and what appropriate limitation periods are going forward for remedies under DPA and contract /5 @team_greenhalgh
Might this also be in scope of any Law Com projects? @SarahCatGreen
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