Legal Question in Real Estate Law in Washington

Bought condo with all appliances, however some appliances were broken.

I bought my first condo a few weeks ago. It was advertised in writing that

''all appliances stay'', and the MLS named each specific appliance that

stays. I hired a property inspector to check the unit and he checked

appliances too, however he didn't run them through their full cycles. He

ran each appliance just briefly to make sure they turned on and appeared

to work. After the sale closed and I moved in, I found out that the

refrigerator and washer don't work 100%. The refrigerator turns on, but

it never gets cold inside and the washing machine fills with water, but

the motor smokes terribly and then quits half way through the cycle

(even with no laundry - just water). I asked my real estate agent what

recourse I had to get these items replaced at the seller's expense. He

said there's nothing to do except buy new appliances because the condo

wasn't advertised with *working* appliances. It was advertised that ''all

appliances stay'' and that's exactly what happened. Is he correct? Just

because it wasn't specified that the appliances should to be working

doesn't mean they need to be.


Asked on 1/04/04, 3:22 am

1 Answer from Attorneys
Matthew King Wershow & Ritter, Inc. P.S.

Re: Bought condo with all appliances, however some appliances were broken.

You may have several remedies in this situation. However, there are also some problems also.

First, if the sellers knew that the appliances did not work, but told their agent to state that they do work, then you may have a claim for misrepresentation. However, a misrepresentation must be material to the transaction. Appliances may (or may not) be material depending on the circumstances of the sale. For example, a misrepresentation about the roof's quality is likely material because it impacts the real estate that you are buying. A misrepresentation about the carpeting is likely not actionable because it does not impact the real estate.

You might also contact your inspector to seek some redress. If you hired him to inspect the entire unit (including the appliances) and he failed to spot an obvious defect in the appliances, he may be liable to you under a breach of contract theory.

I would also contact your real estate agent and let him know that you feel that you were deceived by the sellers and feel that he should do something to remedy this problem. He is YOUR agent and should be willing to stand up to the seller's agent on this issue.

Finally, you should have received a resale certificate and a Form 17, detailing the qualities of the unit. See what both forms say about the appliances (if anything). If there is a misrepresentation in either form, you could sue the sellers and their agent for violating the statutes dealing with these disclosures.

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Answered on 1/05/04, 10:19 am


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