See the attached case. Apparently the 4th DCA is of the view that the implied warranty of merchantability under 718.203(1) is also applicable to those who give warranties under 718.203(2), even though 718.203(2) only calls out an implied warranty of fitness. I realize it's dicta, but still an interesting viewpoint. . . . . Bruce D. Partington Clark Partington bpartington@cphlaw.com <mailto:bpartington@cphlaw.com> Direct: 850-432-1399 Fax: 850-432-7340 *Board Certified in Construction Law NOTICE: This e-mail message and any attachments are private communication sent by the law firm of Clark Partington Hart Larry Bond & Stackhouse, and may contain confidential, legally privileged information meant solely for the intended recipient. If you are not the intended recipient, you are hereby notified that any use, dissemination, distribution or copying of this communication is strictly prohibited. Please notify the sender immediately by replying to this message, and delete the e-mail and any attachments from your system. Thank you.