IMPLIED WARRANTIES OF SUITABILITY IN COMMERCIAL REAL PROPERTY LEASES: PHYSICAL VS. NON-PHYSICAL DEFECTS

The history of implied warranties in real property leases is traced, from its origins up to the current status of the law, including changes in the law and reasoning for the changes. An analysis is given of the Dallas Court of Appeals' holding in Coleman v. Rotana, Inc., that implied warranties...

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Bibliographic Details
Published in:Real estate issues 2000-09, Vol.25 (3), p.28
Main Author: Clark, Richard L
Format: Article
Language:English
Subjects:
Agreements
Building leases
Coleman, Hamilton J
Commercial real estate
Davidow, Joseph
History
Implied warranty
Land tenure
Laws, regulations and rules
Leases
Office space
Real estate
Real estate industry
Real property
State court decisions
Studies
Supreme Court decisions
Warranties
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Summary:The history of implied warranties in real property leases is traced, from its origins up to the current status of the law, including changes in the law and reasoning for the changes. An analysis is given of the Dallas Court of Appeals' holding in Coleman v. Rotana, Inc., that implied warranties of suitability for intended commercial purposes cover only latent physical defects in leased premises and do not cover latent non-physical defects.
ISSN:0146-0595