Atherton Condominium Apartment-Owners Ass'n v. Blume Development Co., 115 Wash. 2d 506 (1990)

Citation: Atherton Condominium Apartment-Owners Ass'n v. Blume Development Co., 115 Wash. 2d 506 (1990)
Parent Document: Atherton Condominium Apartment-Owners Ass'n v. Blume Development Co., 115 Wash. 2d 506 (1990)
Jurisdiction: Washington (state)
Effective Date: 1990-11-01
Original Source: https://www.courtlistener.com/opinion/5106834/atherton-condominium-apartment-... ↗

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Two prerequisites, however, must exist for the implied warranty of habitability to arise from the sale of a new residential dwelling. First, the builder-vendor of the dwelling must be a commercial builder. Second, the unit must be built for sale, rather than personal occupancy. Klos v. Gockel, 87 Wn.2d 567, 570, 554 P.2d 1349 (1976). See also Frickel v. Sunnyside Enters., Inc., supra at 718; Luxon v. Caviezel, 42 Wn. App. 261, 265, 710 P.2d 809 (1985); Boardman v. Dorsett, 38 Wn. App. 338, 341, 685 P.2d 615, review denied, 103 Wn.2d 1006 (1984); Allen v. Anderson, 16 Wn. App. 446, 448, 557 P.2d 24 (1976). In the present case, the record indicates, and the parties do not dispute, that Blume is a commercial builder and that the Atherton condominiums are new dwellings which were built for sale.

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