[WSBARP] Reasonable Time to Discover Construction Defects

[Rick Hoss]

Hi Randy.

If the seller had knowledge of the defect the buyer may have a claim for negligent misrepresentation or fraudulent concealment. These have 3 year statutes of limitation. Buyer has to prove each element of their claim by clear and convincing evidence. For the worst example see Douglas v. Visser, 173 Wash.App. 823 (2013). Then read Puget Sound Serv. Corp v. Dalarna, 51 Wash.App. 209 while you look at the seller Form 17 and other disclosures.

Rick

 

From: wsbarp-bounces at lists.wsbarppt.com <wsbarp-bounces at lists.wsbarppt.com> On Behalf Of Randy Boyer
Sent: Thursday, September 26, 2019 4:06 PM
To: wsbarp at lists.wsbarppt.com
Subject: Re: [WSBARP] Reasonable Time to Discover Construction Defects

 

Rick

 

I have a case where there was a construction defect in a home built 10 years ago.  It caused damage during the time the initial owner resided there.  That owner removed the floors and replaced them but did not replace the subfloor, did not fix the construction defect and did not disclose the issue when he sold the home two years ago. The new floors again need replacing.  Can the first owner be liable for the construction defect since he fixed the damage but not the defect?

 

Randy

Randy M. Boyer                                                 ______
Attorney, WSBA# 8665

Law Office of Randy M. Boyer, Inc. P.S. 
7017 196th St. S.W.  Lynnwood, Washington 98036
* 425.712.3107|   Fax 425.778.2274
mail to: randyedlynlaw at gmail.com <mailto:randyedlynlaw at gmail.com> 

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