[WSBARP] Tadych v. Noble Ridge Construction

Roger Hawkes roger at skyvalleylawyers.com
Fri Oct 28 16:13:55 PDT 2022


Agreed.

-----Original Message-----
From: wsbarp-bounces at lists.wsbarppt.com <wsbarp-bounces at lists.wsbarppt.com> On Behalf Of Kary Krismer
Sent: Friday, October 28, 2022 7:42 AM
To: realprop at googlegroups.com; wsbarp at lists.wsbarppt.com
Subject: [WSBARP] Tadych v. Noble Ridge Construction

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


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