Alfred Clifford (defendant) built and on October 26, 1993, sold a house to Peter and Margaret Albrecht (plaintiffs). The house contained nine fireplaces. In December 1996, neighbors told the Albrechts that their fireplaces and chimneys, also built by Clifford, were defective. The Albrechts hired a mason who inspected their fireplaces and chimneys and found them to be defective. On February 6, 1998, the Albrechts sued Clifford. The superior court found that an implied warranty of habitability did not exist for residential sales and granted Clifford summary judgment. The Albrechts appealed.