Homeowners protection that's fair, reasonable

Last year, this page supported the bill by state Sen. Brian Weinstein, D-Mercer Island, to create a warranty for the buyers of new houses. The bill was killed in the House. This year, he has offered a different one to the same end, and it could very well be killed in the House again. Prospective homebuyers should hope it isn't.

Homebuilders don't like the bill. That is natural. No one likes to worry about being sued. Critics further note that Weinstein is a trial attorney, and grumble about his motives. But his bill imposes a liability that is reasonable, and that accords with standards elsewhere in American business.A house — or, these days, a town house — is the biggest investment most buyers have ever made. If they buy in summer, and discover in winter that the siding isn't any good, the builder should have to bear the cost of repairs. There are no treble damages or punitive damages or anything like that.

Simply, they have to fix the defect. We expect this when we buy a car, or a water heater, and the manufacturers of those products have learned to live with a liablilty. Good builders should be able to adjust to this law without difficulty.

The law Weinstein offered last year was specific. There was to be a guarantee against defects in materials and workmanship for two years, water penetration for five years, structural defects for 10 years, and so on.

The new bill is more general. It says that if the builder did not exercise reasonable care, and his negligence caused damage to the home, he has to fix the problem, or else you can sue him, with the specifics the same as under the law that has existed for condominiums since 1990.

That's reasonable protection for the average homeowner who has enough to be concerned about these days.