Daily Archives: September 15, 2009

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Implied Warranties in Commercial Leases

Courts in some jurisdictions have extended the implied warranty of habitability to commercial leases to find an implied warranty of fitness for intended purpose.[1] Some commentators find the implied warranty of fitness analogous to the implied warranty of merchantability in the Uniform Commercial Code.[2] No Washington decision to date has found an implied warranty in commercial leases, but dicta in one opinion leaves the door open.[3]