Pappas v. Hershberger

Originally we granted the petition for review based on appellants-petitioners contention that the cause was controlled by Foisy v. Wyman, 83 Wash. 2d 22, 515 P.2d 160 (1973). Petitioners conceded Foisy involved an implied warranty of habitability of an older house in a combined landlord-tenant, vendor-purchaser situation. It was urged, however, that even though the instant case involved an implied warranty of structural fitness in the sale of a new building by a vendor (who was not the builder) to the first purchaser, Foisy requires a holding that an implied warranty of structural fitness cannot be waived.