New Construction, Always Flawless?
The home was completed/sold in 2014. In 2015 and 2016, buyers observed unlevel flooring, improper venting, a shifting foundation. Owners sued the builder. At first, the Owners’ lawsuit was dismissed based on them filing suit too late, attorney fees were ordered. Dismissal affirmed on appeal. The WA Supreme Court reviewed the whole background, pointed out that the “limitations” in the warranty were not “spelled out” to the buyers and that foreclosing the buyers’ right to sue would be unfair and unreasonable. Dismissal overturned, a win for the homeowners…
WA Supreme Court Online - https://www.courts.wa.gov/opinions/pdf/1000499.pdf