| Q: |
What are the rights of the owner of a single family home
where the home is not part of a subdivision created by the Washington Condominium
Act? |
| A: |
The buyer of a new home from the original developer has those
rights that are provided in the contract of sale. Normally, these rights
are limited. However, in addition to those rights, the buyer also has rights
under Washington Common Law. These rights include certain implied warranties
of construction quality. Recent Court decisions have broadly interpreted
these common law rights in favor of buyers. |
 |
| Q: |
In determining his or her rights against a developer, should
the owner of a single family home rely on the provisions on that subject contained
in the sales contract? |
| A: |
Yes and no. Certainly the sales contract is the place to begin
in understanding a buyer’s rights. However, these rights include not
only the rights provided in the sales contract, but also “common law
implied warranty” rights. These common law implied warranties of construction
quality are rarely mentioned in sales contracts, but often provide the buyer
with more rights than those described in the sales contracts. |
|
| Q: |
What if Washington’s implied warranties of construction
quality of a newly constructed single family home are waived in a sales contract? |
| A: |
Implied warranties of construction quality can be waived by a
buyer, but the requirements for such a waiver to be effective are difficult
to satisfy by developers. As a result, such waivers are often ineffective.
This means
the buyer’s common law implied warranties of construction quality often remain
operative in spite of contract language to the contrary.
|
|
| Q: |
How long is the statute of limitations on a claim of breach
of the common law implied warranties? |
| A: |
Usually six years, arguably measured from the date of the developer's sale of the home. |
|
| Q: |
If an owner has not bought from the developer, does the owner
of a single family home have implied warranty rights against the developer? |
| A: |
No, but if the home is in a subdivision created under the Washington Condominium Act, an owner who did not buy from the developer may have statutory warranty rights under the Washington Condominium Act. |
|
|
Q: |
In addition to possible express warranty, statutory warranty
and common law implied warranty rights, what other rights may the owner of
a single family home located in Washington have? |
|
A: |
The owner of a single family home may also have fraud or
Consumer Protection Act claims against a developer. However, to establish such
claims, the homeowner may have to show that the developer knew of defects
and failed to disclose them. |
|
|
Q: |
Can the owner of a single family home obtain an attorney
fee award against the developer? |
|
A: |
Yes, if the home is part of a subdivision created under the
Washington Condominium Act. If the home is not part of such a subdivision,
attorney fees may be awarded if there is an attorney fee provision in a sales
contract with the developer that would apply to the claim. Also, a successful
claimant under the Washington Consumer Protection Act will be entitled to an
attorney fee award. |
|
|
Q: |
Will an attorney take my case on a contingent fee basis? |
| A: |
That depends on the attorney. Many attorneys will take a
case involving a single family home on a contingent fee basis only if a homeowner
is one of a group of homeowners with similar claims. However, if you do not
come to us as a member of a group of homeowners, we may agree to handle a claim
involving your single family home on a contingent fee basis if you are willing
to act as a representative of the homeowners in your subdivision, allowing
your claim to proceed as part of a class action by the owners of a group of
homes against the developer of those homes.
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