Question
Bard purchased a home from Silvester, a home builder. Two years later, Bard sold the house to Zoey. Three months after the closing, Zoey discovered
Bard purchased a home from Silvester, a home builder. Two years later, Bard sold the house to Zoey. Three months after the closing, Zoey discovered that Silvester had use LoggerSOL, southern yellow pine that has been treated with sodium silicate and heat, for steps and decking. Silvester chose this product to be sustainable and green, since it wasnt treated with toxic chemicals, as the standard pressure treated lumber. In a damp and humid climate, the product soon showed signs of rotting. Zoey has decided to sue Silvester and Bard. What defenses will Silvester interpose to avoid liability to Zoey? Are any likely to be successful? What kinds of losses are recoverable? Is Bard liable?
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