Construction Law

Builder had no duty to disclose concealed defects to second purchaser of home

By Brett Hill

In Nguyen v. Doak Homes, Inc., 140 Wn. App. 726, 167 P.3d 1162 (2007), Nguyen, a homeowner, filed suit against Doak Homes alleging fraudulent concealment and consumer protection act claims.  Nguyen had purchased the home from an unrelated party who had originally purchased the home directly from Doak Homes. 

Shortly after purchasing the home from the first purchaser, Nguyen discovered that water damage on the interior of the home.  Nguyen alleged that the water damage was the result of defective construction performed by Doak on the exterior of the home.

However, the Court of Appeals dismissed Nguyen's claims against Doak because Nguyen had not purchased the home directly from Doak.  Doak had no affirmative duty to disclose any defective conditions to Nguyen because Nguyen was the second purchaser of the home. 

Full post as published by Construction Law Blog on September 26, 2007 (boomark / email).