In Gable v. Silver, 258 So. 2d 11 (Fla. 4th DCA), adopted, 264 So. 2d 418 (Fla. 1972), the Court adopted the view of the lower court of appeal that had examined the applicability of implied warranties to real property. See 258 So. 2d at 12. That case involved an action filed by the buyer of a newly built condominium against the builder-seller for a defective air conditioning system. See id. At that time, Florida, in accordance with the then-majority rule, did not recognize or apply implied warranties to real property transactions. See id. at 12, 14. The Gable Court noted that the general rule of caveat emptor in new home purchases had been fast eroding and that many states had adopted the "modern rule" that applied implied warranties to sales of real property. See id. at 14. The Court considered that 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," and that to "apply the rule of caveat emptor . . . in favor of a builder who is daily engaged in the business of building and selling houses, is manifestly a denial of justice." Id. at 15. The Court concluded that application of caveat emptor to the purchase of a new home was anachronistic and not in congruence with modern home buying practices--as ordinary purchasers do not have the same position, skill, or vantage point as a builder with regard to defects in a newly built home, with a builder-seller also having a greater capability to address the costs of his or her mistakes. See id. at 15-17. The Court noted in Gable that other states, to discourage unscrupulous, shoddy work by builder-sellers, had imposed an exception to the doctrine of caveat emptor and applied implied warranties to real estate transactions. See id. at 15. To provide the same protection to homebuyers in Florida, this Court in Gable held that the implied warranties of fitness and merchantability applied to the purchase of new homes and condominiums. See id. at 18. Thus, Florida has recognized and enforced the implied warranties in connection with the sale of new homes and condominiums for forty years.