Greeves v. Rosenbaum
In Greeves v. Rosenbaum, 965 P.2d 669 (Wyo. 1998), the buyer signed a contract for deed on a new home. The buyer knew at the time that "the property was currently the subject of ongoing litigation." Id. at 671.
A visual inspection of the property during that litigation revealed potential problems with the lumber used for the floor joists. "The Greeves then hired their own inspector, who concurred with the results of the first inspection." Id.
The Greeves nevertheless closed on the property, acknowledging that they had inspected the property and were taking it "as is" except for a one year express warranty. They later sued under the express warranty and also alleged breach of the implied warranty of habitability.
The Wyoming Supreme Court rejected the implied warranty claim, relying in part on a state statute providing that an "as is" sale eliminates all implied warranties "Unless the circumstances indicate otherwise." Id. at 673 (quoting WYO. STAT. 34-21-233(c) (1977)).
The court further observed that this was "not a case where the builder-vendor attempted to hide a latent defect or dissuade the buyer from inspecting the premises; the buyers had an unobstructed opportunity to protect their investment through the engagement of a professional to conduct a visual inspection." Id. at 674.
Although the buyers denominated their implied warranty claim as one involving habitability, it was in fact a claim for breach of the implied warranty of good workmanship.