Olympia, Wash. - Consumer rights groups and homebuyers celebrated passage of Senate Bill 5895, also known as the Homebuyers Bill of Rights by a close margin of 25-24. The prime sponsor of the legislation was Senator Rodney Tom (D-48).
“A home is one of the most important investments that most Washingtonians will ever make,” said WashPIRG Consumer Advocate Blair Anundson, “But protections for that investment are woefully lacking in this state.”
The bill creates a stronger statutory warranty for new homes that is unwaivable and transferable to subsequent buyers. The warranty covers all types of work and is long enough to cover some of the most common types of defects in Washington homes. It also creates an office of consumer education that will provide information to consumers on a range of topics related to home construction.
There is currently no statutory warranty of habitability protecting homes in the state. Instead, Washington has a common law warranty of three years that is waivable and nontransferable. This provides little protection, as the most common problems related to negligent construction, including water intrusion, aren’t usually discovered until four years after the completion of construction. Moreover, builders often demand that buyers sign away their common law warranty and adopt a warranty of the builder's choosing. These industry warranties are typically short in duration, weak in coverage, and full of loopholes.
Washington currently has warranties for other consumer products that are much more stringent than it does for homes. For example, under Washington state’s lemon law, the warranty period for cars, trucks, and some motorcycles mandates diagnosis and repair occurring within two years of the original delivery date. In comparison, Washington provides provide a warranty period of three years on a home when consumers are taking out mortgages that last thirty years or more.
“If we can guarantee the safety and quality of toaster and cars, we should guarantee the quality of a home, “ concluded Anundson.
