Luxon v. Caviezel

—James and Margaret Caviezel bought a house built by Gene and Grace Luxon. In an action to foreclose a deed of trust, 1 the Caviezels counterclaimed for breach of the implied warranty of habitability, fraud, and violation of the Consumer Protection Act, RCW 19.86. The trial court gave judgment to the Caviezels on their first two claims, but found no breach of the Consumer Protection Act (CPA). Both parties appeal.

The following is a summary of the trial court's findings. 2 The Luxons, though principally educators by profession, were engaged in the business of constructing homes for a number of…