171 W. Va. 469 - Gamble v. Main’s Empirical Analysis
1983
Citation profile
15 state decisions
How this case has been cited
Cited by 17 later decisions — most recently June 2015
15 state decisions
Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.
Relationships
Relies on 59 Cal. 2d 21 - Sabella v. Wisler · Schipper v. Levitt & Sons, Inc. · 76 Ill. 2d 31 - Petersen v. Hubschman Construction Co. · ELDERKIN Et Ux. v. Gaster · Carpenter v. Donohoe
Most-quoted passages
The sentences later courts lift from this opinion, ranked by how many decisions quote each — the parts of the opinion doing the work. These counts are smaller than the citation total above because most of the 17 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“Tribunals have come to recognize that [t]he purchase of a new home is not an everyday transaction for the average family ... Courts have also come to realize that the two parties involved in this important transaction generally do not bargain as equals. The average buyer lacks the skill and expertise necessary to make an adequate inspection.... Furthermore, most defects are undetectable to even the most observant layman and the expense of expert advice is often prohibitive.... The purchaser therefore ordinarily relies heavily upon the greater expertise of the vendor to ensure a suitable product... .and this reliance is recognized by the building trade.”
1 later decision quote this exact passage“"The existence of an 'as is’ clause in a contract of sale for real estate will not relieve the vendor of his obligation to disclose a condition which substantially affects the value or habitability of the property and which condition is known to the vendor, but not to the purchaser, and would not be disclosed by a reasonable and diligent inspection. Such failure to disclose constitutes fraud.””
1 later decision quote this exact passage“The purchaser of a new home is entitled to an implied warranty of habitability or fitness which requires that the dwelling be constructed by the builder in a workmanlike manner and that the property be reasonably fit for its intended use of human habitation.”
1 later decision quote this exact passage
How this case has been treated — in progress
Whether each later court followed, distinguished, criticized, or overruled this decision. The treatment classification (task #35) runs highest-cited cases first and lights up here as it reaches this one.