# RCW 64.34.445: RCW 64.34.445: Implied warranties of quality—Breach

> Washington · Statutes · In force

URL: https://www.frixlaw.com/law-library/statutes/STATE_WA_T64_C34_S445

## Section

- **Citation:** RCW 64.34.445
- **Heading:** RCW 64.34.445: Implied warranties of quality—Breach
- **Jurisdiction:** Washington
- **Kind:** Statutes
- **Status:** In force
- **Text as of:** August 14, 2026
- **Source:** Compiled text
- **Location:** Washington Code / Title 64 / Chapter 34 / Section 445

## Text

(1) A declarant and any dealer warrants that a unit will be in at least as good condition at the earlier of the time of the conveyance or delivery of possession as it was at the time of contracting, reasonable wear and tear and damage by casualty or condemnation excepted. (2) A declarant and any dealer impliedly warrants that a unit and the common elements in the condominium are suitable for the ordinary uses of real estate of its type and that any improvements made or contracted for by such declarant or dealer will be: (a) Free from defective materials; (b) Constructed in accordance with sound engineering and construction standards; (c) Constructed in a workmanlike manner; and (d) Constructed in compliance with all laws then applicable to such improvements. (3) A declarant and any dealer warrants to a purchaser of a unit that may be used for residential use that an existing use, continuation of which is contemplated by the parties, does not violate applicable law at the earlier of the time of conveyance or delivery of possession. (4) Warranties imposed by this section may be excluded or modified as specified in RCW 64.34.450 . (5) For purposes of this section, improvements made or contracted for by an affiliate of a declarant, as defined in RCW 64.34.020 (1), are made or contracted for by the declarant. (6) Any conveyance of a unit transfers to the purchaser all of the declarant's implied warranties of quality. (7) In a judicial proceeding for breach of any of the obligations arising under this section, the plaintiff must show that the alleged breach has adversely affected or will adversely affect the performance of that portion of the unit or common elements alleged to be in breach. As used in this subsection, an "adverse effect" must be more than technical and must be significant to a reasonable person. To establish an adverse effect, the person alleging the breach is not required to prove that the breach renders the unit or common element uninhabitable or unfit for its intended purpose. (8) Proof of breach of any obligation arising under this section is not proof of damages. Damages awarded for a breach of an obligation arising under this section are the cost of repairs. However, if it is established that the cost of such repairs is clearly disproportionate to the loss in market value caused by the breach, then damages shall be limited to the loss in market value.

## Nearby sections

- [RCW 64.34.005 RCW 64.34.005: Findings—Intent—2004 c 201.](https://www.frixlaw.com/law-library/statutes/STATE_WA_T64_C34_S005.md)
- [RCW 64.34.010 RCW 64.34.010: Applicability.](https://www.frixlaw.com/law-library/statutes/STATE_WA_T64_C34_S010.md)
- [RCW 64.34.020 RCW 64.34.020: Definitions.](https://www.frixlaw.com/law-library/statutes/STATE_WA_T64_C34_S020.md)
- [RCW 64.34.030 RCW 64.34.030: Variation by agreement.](https://www.frixlaw.com/law-library/statutes/STATE_WA_T64_C34_S030.md)
- [RCW 64.34.040 RCW 64.34.040: Separate interests—Taxation.](https://www.frixlaw.com/law-library/statutes/STATE_WA_T64_C34_S040.md)
- [RCW 64.34.050 RCW 64.34.050: Local ordinances, regulations, and building codes—Applicability.](https://www.frixlaw.com/law-library/statutes/STATE_WA_T64_C34_S050.md)
- [RCW 64.34.060 RCW 64.34.060: Condemnation.](https://www.frixlaw.com/law-library/statutes/STATE_WA_T64_C34_S060.md)
- [RCW 64.34.070 RCW 64.34.070: Law applicable—General principles.](https://www.frixlaw.com/law-library/statutes/STATE_WA_T64_C34_S070.md)
- [RCW 64.34.073 RCW 64.34.073: Application of chapter 64.55 RCW.](https://www.frixlaw.com/law-library/statutes/STATE_WA_T64_C34_S073.md)
- [RCW 64.34.076 RCW 64.34.076: Application to common interest communities.](https://www.frixlaw.com/law-library/statutes/STATE_WA_T64_C34_S076.md)
- [RCW 64.34.080 RCW 64.34.080: Contracts—Unconscionability.](https://www.frixlaw.com/law-library/statutes/STATE_WA_T64_C34_S080.md)
- [RCW 64.34.090 RCW 64.34.090: Obligation of good faith.](https://www.frixlaw.com/law-library/statutes/STATE_WA_T64_C34_S090.md)
- [RCW 64.34.100 RCW 64.34.100: Remedies liberally administered.](https://www.frixlaw.com/law-library/statutes/STATE_WA_T64_C34_S100.md)
- [RCW 64.34.110 RCW 64.34.110: New declaration minimum density.](https://www.frixlaw.com/law-library/statutes/STATE_WA_T64_C34_S110.md)

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Source: Frix Law Library, https://www.frixlaw.com/law-library/statutes/STATE_WA_T64_C34_S445. Check the current official text before relying on it. Not legal advice.