[WSBARP] Tadych v. Noble Ridge Construction

[Kary Krismer]

I'm surprised no one had mentioned this new case, finding a one year 
warranty on new construction unconscionable.

https://www.courts.wa.gov/opinions/pdf/1000499.pdf

A 5-4 decision.

As a real estate broker I find some (but not all) of these new 
construction warranties absurdly pathetic, and it does affect some 
buyers' decisions.  Also the quality of some construction I see is 
sometimes very questionable.  Just last week a client was looking at a 
property multi-unit townhouse (fee simple) that was only a few years old 
and had a rather obvious problem that presented a huge red flag related 
to water intrusion.  I would not want to be that seller.

It would be nice if the legislature would step in an provide some 
minimum level of protection, and protection against using special 
purpose entities to limit such protections.  The incentive for builders 
to perform adequate quality work is too low.

I'll step off my soapbox now.

-- 
Kary L. Krismer
John L. Scott, Inc.
206 723-2148