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For Your Data Frickel V. Sunnyside Enterprises, Inc. Representative Brief

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

CASE SYNOPSIS
The Superior Court for Grays Harbor County (Washington) flora that in that place was an implied warranty of habitability in addition to fitness that attached to the sale of an bird complex to plaintiff buyers. Defendant sellers sought review.

CASE FACTS
The sellers owned an bird complex. Though the belongings was non for sale, the buyers approached the sellers through a realtor well-nigh purchasing the property. The sellers agreed to sell the complex. The sale contract specifically disclaimed whatever liability. Shortly afterward the sale was complete, the buyers experienced problems alongside exterior stairways in addition to alongside the foundations.

DISCUSSION

  • The courtroom held that the lawsuit courtroom erred yesteryear imposing an implied warranty of habitability in addition to fitness. 
  • These warranties applied exclusively where the domicile was built for purposes of sale yesteryear a builder-vendor inwards the line of piece of job organisation of edifice such dwellings. 
  • The bird complex hither was non built for the role of resale merely for the sellers' ain ownership in addition to management purposes. 
  • Further, the bird complex was non listed for sale when the buyers approached the sellers.

CONCLUSION
Judgment finding an implied warranty of habitability in addition to fitness was reversed.

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