§21.5 - The CPA and Warranties in Sales of Homes

• Jurisdiction: Washington

§21.5 THE CPA AND WARRANTIES IN SALES OF HOMES

An interesting area of law in Washington and elsewhere involves the question of the nature and extent of the warranties that apply to the sale of new homes. In the leading case of House v. Thornton, 76 Wn.2d 428, 457 P.2d 199 (1969), the Washington Supreme Court followed the implications of some of its earlier decisions and the rulings in cases from other jurisdictions, such as Schipper v. Levitt & Sons, Inc., 44 N.J. 70, 207 A.2d 314 (1965), when holding that the vendor-builder of a new residence, in selling it to the first intended occupant, impliedly warrants that the structure is safe and that the foundations are firm and secure so as to be fit for the building's intended purpose as a dwelling. The implied warranty thus established in Washington by House, 76 Wn.2d 428, is often referred to as the warranty of habitability. See also Atherton Condo. Apartment-Owners Ass'n Bd. of Dirs. v. Blume Dev. Co., 115 Wn.2d 506, 799 P.2d 250 (1990); Luxon v. Caviezel, 42 Wn.App. 261, 710 P.2d 809 (1985). See Aspon v. Loomis, 62 Wn.App. 818, 816 P.2d 751 (1991), review denied, 118 Wn.2d 1015 (1992), and Foisy v. Wyman, 83 Wn.2d 22, 515 P.2d 160 (1973), for application of this doctrine to leased premises.

In Klos v. Gockel, 87 Wn.2d 567, 554 P.2d 1349 (1976), the court...