Burbo v. Harley C. Douglass, Inc.

*689¶1 — The court dismissed this suit by an owner-occupier of a new home against his builder-seller on summary judgment. The case raises two essential questions. The first is whether a breach of a builder’s implied warranty of habitability requires defects which make the house literally unlivable. We conclude that it does not. The second question is whether the owner here made a sufficient showing that the builder knew of and concealed defects to support his cause of action for fraudulent concealment and violation of the Consumer Protection Act, chapter 19.86 RCW. We find triable issues of fact…