Frickel v. Sunnyside Enters., Inc
Frickel v. Sunnyside Enters., Inc., 106 Wn.2d 714, 725 P.2d 422 (Wash. 1986) (en banc), involved the sale of an apartment complex rather than a new home.
The Washington Supreme Court held that the implied warranty of habitability could be disclaimed in this type of sale. The dissent noted, however, that the warranty of habitability was not really at issue in Frickel, because the claim was merely that the apartments were poorly constructed. 725 P.2d at 432 (Pearson, C.J., dissenting).
The dissent further observed that a disclaimer of the warranty of habitability in the context of a new home sale would contravene public policy:
"As yet, Washington courts have not determined the validity of disclaimers of the implied warranty of habitability. In the landlord-tenant area, this court held that such disclaimers contravene public policy. Foisy v. Wyman, 83 Wn.2d 22, 515 P.2d 160 (Wash. 1973). Arguably, the result should be the same in the new house context." 725 P.2d at 434 (Pearson, C.J., dissenting).