| Momentum Bucket | Became Law |
| Legal Title | AN ACT Relating to increasing the supply of condominiums by expanding the types of condominium buildings that may be subject to an express warranty of quality and express warranty insurance coverage; |
| Bill Description | Increasing the supply of condominiums by expanding the types of condominium buildings that may be subject to an express warranty of quality and express warranty insurance coverage. |
|
What this bill does
Powered by Legitron |
This bill amends an existing Washington warranty statute (RCW 64.90.675) to expand when a declarant or dealer of condominium units may avoid implied warranties of quality by instead providing an express written warranty together with express warranty insurance that meets specified requirements. The amendment requires purchaser acknowledgement, allows recovery by the unit owner, subsequent purchasers, and the unit owners association for common areas, and sets minimum coverage periods (1 year for workmanship/materials, 2 years for plumbing/electrical/ductwork, and 10 years for structural defects to load‑bearing members). It preserves the rule that disclaimers of implied warranties for residential-use purchasers are generally ineffective except where a declarant/dealer discloses specified, known defects in a conspicuous instrument signed by the purchaser.
Legally, this is a modification of existing civil warranty law and a procedural change governing how implied warranties may be excluded or limited; it is not a criminal-law change and does not create new crimes or specify new penalties. Breach actions under the express warranty and insurance must be commenced pursuant to RCW 64.90.680. Subsection (4)(a) is stated to apply to condominium units created on or after July 27, 2025, and subsection (4)(b) to units created on or after “the effective date of this section,” but the effective date itself is not provided in the text supplied.
Important definitions and related statutory text are not included in the provided material: the document does not define terms such as “declarant,” “dealer,” “conversion building,” or “accessory dwelling unit,” nor does it provide the full text of the referenced RCW 64.90.670 or RCW 64.90.680. The relationship between the July 27, 2025 date and the unspecified effective date is also unclear from these excerpts.
|
|
Why it matters
Powered by Legitron |
If enacted, condo developers and dealers will have a new, usable option to avoid traditional implied-warranty exposure for many new units by issuing an express warranty combined with purchased express warranty insurance that meets the bill’s coverage and procedure rules. Practically, that means developers will likely face higher upfront and ongoing costs for warranty insurance and for preparing warranty documents and getting purchaser acknowledgments, but they will reduce their legal risk from implied-warranty claims if they comply; buyers and unit owners associations will gain explicit insured warranty rights for specified periods (1 year for workmanship/materials, 2 years for plumbing/electrical/ductwork, 10 years for structural load-bearing defects) and the ability to sue under the express warranty and insurance.
The people most affected are declarants/dealers (more cost and administrative obligations, but clearer limits on implied liability) and purchasers and unit owners associations (different, insured remedies rather than only implied-warranty claims). Important implementation details remain unclear in the provided text—key term definitions and the effective date for part of the rule are missing—so exactly which buildings and transactions are covered and when the insurance requirement applies cannot be determined from these facts alone.
|
| Official Documents | View Full Bill Text |
| Date Introduced | 01/12/2026 |
| Originating Chamber | House |
| Biennium | 2025-26 |
| Total Campaign Dollars Backing Bill | $5,710,170.50 |
| HOUSING AND HOMES |
| Hearing | House Civil Rights & Judiciary (Public) |
| Hearing | House Civil Rights & Judiciary (Executive) |
| Hearing | Senate Housing (Public) |
| Hearing | Senate Housing (Executive) |