The Implied Warranty of Habitability Doctrine in Residential Property Conveyances: Policy-Backed Change Proposals

Washington\u27s implied warranty of habitability doctrine is a creature of public policy. Its application is appropriately defined and limited by policy concerns. In conceivable cases, however, limits on the doctrine\u27s application would yield results inconsistent with its public policy bases. Although created to protect a specific class of residence purchasers, in Washington the doctrine arbitrarily excludes from its coverage some potential members of that class. Because of these and other problems, the doctrine needs restructuring. This Comment explores the doctrine\u27s public policy roots, analyzes potential new elements and the doctrine\u27s existing elements in light of policy concerns, and suggests changes based on those concerns