Humber v. Morton

In Humber v. Morton, 426 S.W.2d 554, 555, 11 Tex. Sup. Ct. J. 320 (Tex. 1968), the Court recognized that a builder of a new home impliedly warrants that the residence is constructed in a good and workmanlike manner and is suitable for human habitation. In replacing caveat emptor with these two implied warranties, we noted the significance of a new home purchase for most buyers and the difficulty of discovering or guarding against latent defects in construction: The old rule of caveat emptor does not satisfy the demands of justice in the sale of new homes. The purchase of a home is not an everyday transaction for the average family, and in many instances is the most important transaction of a lifetime. To apply the rule of caveat emptor to an inexperienced buyer, and in favor of a builder who is daily engaged in the business of building and selling houses, is manifestly a denial of justice. Humber, 426 S.W.2d at 561