Timbercrest built a house for the Murphys. After occupying the house for a while, the Murphys complained of several problems. Timbercrest fixed the problems, and the Murphys had no further complaints. The Litwins bought the house from the Murphys three years later. When the house was sold, neither the Litwins nor the Murphys were aware of any problems.
After living in the house for two years, the Litwins became aware of several problems. The Litwins then contacted the Murphys and had the Murphys assign them their rights under the original construction agreement with Timbercrest.
The Litwins then sued Timbercrest, claiming Timbercrest had breached its contract with the Murphys by not providing them with a house free of defects. Were the Litwins correct?
Litwins v. Timbercrest Estates, Inc., 347 N.E.2d 378 (IL).