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LEGAL MYTH BUSTER

Common Myth – Construction Warranties

Clients are often surprised to learn that they’ve bought a home or had a remodel done and there is virtually no warranty. Other than condominiums, which have a 4 year statutory implied warranty of workmanship, normal construction does not. The Washington State Supreme Court has long held that there are no “negligent construction” claims. The position of the court is essentially, “if you want a warranty – bargain for a warranty.” The courts have refused to provide a warranty when you did not negotiate one.

The point is to alert you to this issue as well as to encourage you to carefully review any warranties that are provided. If no warranty is provided you should discuss this with your client and perhaps demand a warranty.

Understand there is a substantial line of legal authority that says that the notion of buying a home “as is” still exists and is alive and well in Washington. Construction laws and warranty laws and their interplay with Form 17 is a complicated area of the law. If you have a client with these issues, please contact one of our attorneys.