Revised Code of Washington
Wash. Rev. Code § 64.34.450 (2026)
✓ current as of May 2026
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(1) For units intended for nonresidential use, implied warranties of quality:
(a) May be excluded or modified by written agreement of the parties; and
(b) Are excluded by written expression of disclaimer, such as "as is," "with all faults," or other language which in common understanding calls the buyer's attention to the exclusion of warranties.
(2) For units intended for residential use, no disclaimer of implied warranties of quality is effective, except that a declarant or dealer may disclaim liability in writing, in type that is boldfaced, capitalized, underlined, or otherwise set out from surrounding material so as to be conspicuous, and separately signed by the purchaser, for a specified defect or specified failure to comply with applicable law, if: (a) The declarant or dealer knows or has reason to know that the specific defect or failure exists at the time of disclosure; (b) the disclaimer specifically describes the defect or failure; and (c) the disclaimer includes a statement as to the effect of the defect or failure.
(3) A declarant or dealer may offer an express written warranty of quality only if the express written warranty does not reduce protections provided to the purchaser by the implied warranty set forth in RCW 64.34.445.
[ 2004 c 201 s 6; 1989 c 43 s 4-113.]
Notes:
Application—2004 c 201 ss 5 and 6: See note following RCW 64.34.445.
Notes of Decisions
Cited in 5
cases, 2001–2014 · leading case: Park Avenue Condo. Owners Ass'n v. Buchan Developments, LLC, 71 P.3d 692 (Wash. Ct. App. 2003).
Park Avenue Condo. Owners Ass'n v. Buchan Developments, LLC, 71 P.3d 692 (Wash. Ct. App. 2003). “445 it is agreed that the provisions of this Limited Warranty: (a) shall control; (b) shall be deemed a modification of such implied warranty as authorized by RCW 64.34.450; and (c) shall be deemed part of the basis of the bargain between the Owner and Builder.”
Park Avenue Condo. Owners Ass'n v. Buchan Developments, L.L.C., 117 Wash. App. 369 (Wash. Ct. App. 2003). “445 it is agreed that the provisions of this Limited Warranty: (a) shall control; (b) shall be deemed a modification of such implied warranty as authorized by RCW 64.34.450; and (c) shall be deemed part of the basis of the bargain between the Owner and Builder.”
Marina Cove Condo. Owners Ass'n v. Isabella Estates, 34 P.3d 870 (Wash. Ct. App. 2001). “Section 4-115 of the Uniform Condominium Act parallels RCW 64.34.450 and is entitled “Exclusion or Modification of Implied Warranties of Quality.”
Ass'n v. Isabella Estates, 34 P.3d 870 (Wash. Ct. App. 2001). “Section 4-115 of the Uniform Condominium Act parallels RCW 64.34.450 and is entitled "Exclusion or Modification of Implied Warranties of Quality.”
Filmore, Lllp, Res. v. Unit Owners Ass'n Of Centre Pointe Condo. (Wash. Ct. App. 2014). “445(3) (addressing warranties "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"); RCW 64.34.450(1), (2) (addressing warranties of quality for "units intended…”
— Wash. Rev. Code § 64.34.450(1) — 1 case
Filmore, Lllp, Res. v. Unit Owners Ass'n Of Centre Pointe Condo. (Wash. Ct. App. 2014). “445(3) (addressing warranties "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"); RCW 64.34.450(1), (2) (addressing warranties of quality for "units intended…”
— Wash. Rev. Code § 64.34.450(2) — 4 cases
Park Avenue Condo. Owners Ass'n v. Buchan Developments, LLC, 71 P.3d 692 (Wash. Ct. App. 2003). “445 it is agreed that the provisions of this Limited Warranty: (a) shall control; (b) shall be deemed a modification of such implied warranty as authorized by RCW 64.34.450; and (c) shall be deemed part of the basis of the bargain between the Owner and Builder.”
Park Avenue Condo. Owners Ass'n v. Buchan Developments, L.L.C., 117 Wash. App. 369 (Wash. Ct. App. 2003). “445 it is agreed that the provisions of this Limited Warranty: (a) shall control; (b) shall be deemed a modification of such implied warranty as authorized by RCW 64.34.450; and (c) shall be deemed part of the basis of the bargain between the Owner and Builder.”
Marina Cove Condo. Owners Ass'n v. Isabella Estates, 34 P.3d 870 (Wash. Ct. App. 2001). “Section 4-115 of the Uniform Condominium Act parallels RCW 64.34.450 and is entitled “Exclusion or Modification of Implied Warranties of Quality.”
Ass'n v. Isabella Estates, 34 P.3d 870 (Wash. Ct. App. 2001). “Section 4-115 of the Uniform Condominium Act parallels RCW 64.34.450 and is entitled "Exclusion or Modification of Implied Warranties of Quality.”
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