A Washington state court clarified the rules related to the cause of action of implied warranty of habitability. The claim focuses on protecting "the first occupants of residential property against the risk of fundamental defects in the structure of a home." Washington courts apply this claim to vendor-builders which relate to "a person regularly engaged in building, so that the sale is commercial rather than casual or personal in nature." This implies that the builders must be professionals. In Montgomery v. Engelhard, Division III of the Washington State Court of Appeals had to determine whether a real estate broker that claimed to not be a commercial builder, could be held liable for alleged construction defects and violating an implied warranty of habitability. The court held he was not. The opinion noted that the defendant "did not have a builder's license, was not an experienced developer, and was not engaged in building." Therefore, the claim did not apply. It should be noted that there were other causes of action (e.g. breach of contract) that remained in the lawsuit. Although the court did not reach the issue, the court opined that the claim applies only to those homes that are built for sale and not as personal occupancy or if the vendor contemplated an eventual sale. In this case, the defendant lived in the home prior to putting up the home for sale. Thus, the court sided with the broker. For those that may look to build homes in seeking to "flip" them or for those that may seek to purchase homes from flippers this case seems to clarify at least one of the many claims that one might see in real property law.