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Griffith v. Centex Real Estate Corp.

Citations: 93 Wash. App. 202; 969 P.2d 486Docket: No. 40541-1-I

Court: Court of Appeals of Washington; September 28, 1998; Washington; State Appellate Court

Narrative Opinion Summary

This case involves a class action lawsuit by homebuyers against Centex Real Estate Corporation regarding the quality of cedar siding and related paint issues. The plaintiffs alleged breach of express warranty, negligent misrepresentation, and violations of the Consumer Protection Act (CPA). The trial court initially certified the class but later granted summary judgment for Centex, citing the expiration of the express warranty and the economic loss rule as defenses against the claims. The economic loss rule barred the negligent misrepresentation claim, as the damages were purely economic and covered by contract. However, the court found a genuine issue of material fact with respect to the CPA claim, particularly regarding whether Centex's failure to disclose known defects constituted an unfair or deceptive act, leading to a remand for further proceedings. The court upheld the enforceability of the contract's warranty limitations and distinguished them from total exclusions, affirming that such limitations were valid under case law. The appeal focuses on the interpretation and application of warranty terms, the economic loss rule, and the obligations under the CPA. The trial court's dismissal of the breach of express warranty and negligent misrepresentation claims was affirmed, while the dismissal of the CPA claim was reversed for further examination. The outcome underscores the complexity of navigating warranty limitations and disclosure obligations in real estate transactions.

Legal Issues Addressed

Breach of Express Warranty

Application: The court upheld the validity of the one-year Builder Limited Warranty, dismissing the breach of express warranty claim due to the expiration of the warranty period.

Reasoning: The trial court favored Centex, ruling that it had upheld express warranties and that the one-year warranty limitation was valid under relevant case law.

Consumer Protection Act (CPA) Claim

Application: The court found a genuine issue of material fact regarding the CPA claim, reversing the summary judgment and remanding for further proceedings.

Reasoning: A genuine issue of material fact regarding whether the defendant engaged in unfair or deceptive conduct exists, leading to a reversal of the trial court’s summary judgment on the CPA claim.

Duty to Disclose Material Facts

Application: Centex's failure to disclose known defects could constitute an unfair or deceptive act under the CPA, with the court examining the seller's obligation to disclose material facts.

Reasoning: Legal precedents affirm a seller's obligation to disclose material facts that are known to them but not readily discoverable by buyers.

Negligent Misrepresentation and Economic Loss Rule

Application: The court dismissed the negligent misrepresentation claim, applying the economic loss rule which bars recovery for negligent misrepresentation when contractual liability is specified.

Reasoning: Regarding the negligent misrepresentation claim, the court ruled that it was barred by the economic loss rule, which prevents recovery for negligent misrepresentation when a contract specifies liability.

Warranty Limitation in Real Estate Contracts

Application: The court upheld the enforceability of warranty limitations in real estate contracts, differentiating them from total exclusions of warranties.

Reasoning: The court upheld the validity and enforceability of warranty limitations contained in contracts, differentiating them from total exclusions of warranties or remedies.