ENSBERG v. NELSON

No. 69644-1-I.

320 P.3d 97 (2013)

178 Wn. App. 879

Erik D. ENSBERG, Appellant, v. Jason D. NELSON and Francine E. Nelson, husband and wife and the marital community comprised thereof, Respondents.

Court of Appeals of Washington, Division 1.

Publication Ordered January 14, 2014.


Attorney(s) appearing for the Case

David C. Hammermaster , Attorney at Law, Sumner, WA, for Appellant.

Stephan E. Todd , Attorney at Law, Mill Creek, WA, for Respondents.


PUBLISHED OPINION

SPEARMAN, A.C.J.

¶ 1 The main question on appeal is whether a seller of property breaches the statutory warranty deed covenant against encumbrances when, at the time of conveyance, the property is part of a homeowner's association and there is a judgment against the homeowner's association, but the owner of the property is not a judgment debtor, there is no lien against the property, and there is no evidence of the association's ability...

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