Attorney Fee Provision Applies in Case Involving Sale of a House with 'Health Endangering Molds'

TACOMA, Wash. - The prevailing parties in a breach of contract case involving a house that allegedly was contaminated with microbial growth has succeeded in their appeal of the trial court's decision not to award them attorney fees. Failes v. Lichten, No. 27263-6-II (Wash. Ct. App., 2nd Div.)

In a Dec. 21 decision, the appeals court agreed with the appellants that the Real Estate Purchase and Sale Agreement's attorney-fee provision continued to apply after the sale of the house, allowing them to recover a reasonable amount of fees and related costs.

The underlying breach of contract case was filed by …