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Date: 12/9/2009
In Cowan v. Nordyke, a non-contractor built a residence for his own use, and lived in it for several years. He later sold the residence. The seller disclosed all known defects in the residence to the buyers, as well as the fact that he built the house. Later, the buyers sued the seller for negligent design and construction of the home. The seller argued that he should not be held to the standards of a contractor (i.e., the general foreseeability analysis for a negligence claim should not apply). The Court of Appeals did not find the seller's argument persuasive, and concluded that "defendant's duty to plaintiffs is not defined or limited by his status in this case as an owner-builder who is not a licensed contractor."
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