Monday, January 6, 2014

Frickel v. Sunnyside Enterprises, Inc. case brief

Frickel v. Sunnyside Enterprises, Inc. case brief summary
725 P.2d 422 (1986)

CASE SYNOPSIS
The Superior Court for Grays Harbor County (Washington) found that there was an implied warranty of habitability and fitness that attached to the sale of an apartment complex to plaintiff buyers. Defendant sellers sought review.

CASE FACTS
The sellers owned an apartment complex. Though the property was not for sale, the buyers approached the sellers through a realtor about purchasing the property. The sellers agreed to sell the complex. The sale contract specifically disclaimed any liability. Shortly after the sale was complete, the buyers experienced problems with outside stairways and with the foundations.

DISCUSSION

  • The court held that the trial court erred by imposing an implied warranty of habitability and fitness. 
  • These warranties applied only where the dwelling was built for purposes of sale by a builder-vendor in the business of building such dwellings. 
  • The apartment complex here was not built for the purpose of resale but for the sellers' own ownership and management purposes. 
  • Further, the apartment complex was not listed for sale when the buyers approached the sellers.

CONCLUSION
Judgment finding an implied warranty of habitability and fitness was reversed.

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