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Redarowicz v. Ohlendorf

Supreme Court of Illinois
441 N.E.2d 324 (1982)


Facts

In 1977, Donald Redarowicz (plaintiff) purchased a home from a couple who had built the home the year before. After purchasing the home, Redarowicz discovered several structural problems with the chimney and its adjoining brick wall. He also found problems with the foundation, resulting in a basement that would often have water leakage. Redarowicz then brought this suit against the home’s builder, Ohlendorf Builders, Inc. (defendant), for breach of the implied warranty of habitability. Redarowicz’s complaint was dismissed because the court stated that the implied warranty of habitability did not apply to subsequent purchasers of a home. Redarowicz petitioned for certiorari to the Supreme Court of Illinois.

Rule of Law

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Issue

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Holding and Reasoning (Clark, J.)

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  • A "yes" or "no" answer to the question framed in the issue section;
  • A summary of the majority or plurality opinion, using the CREAC method; and
  • The procedural disposition (e.g. reversed and remanded, affirmed, etc.).

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