[WSBARP] Condo Purchaser

[Ron Housh]

RCW 64.34.425 (3) A purchaser is not liable for any unpaid assessment or fee against the unit as of the date of the certificate greater than the amount set forth in the certificate prepared by the association unless and to the extent such purchaser had actual knowledge thereof.

 

Does the knowledge of the purchaser’s agent constitute “actual knowledge” of the purchaser OR does knowledge of an agent fall under “constructive knowledge” which may be something other than “actual”?

 

Thanks for any input.

 

 

I AM TYPICALLY IN THE SEATTLE OFFICE ON TUESDAY AND THURSDAY AND IN THE MOUNT VERNON OFFICE ON MONDAY, WEDNESDAY AND FRIDAY 

 

Ronald G. Housh, P.S.

Attorney at Law

 

Seattle Office:

1420 Fifth Avenue, Suite 3000

Seattle, WA 98101-2393

Phone:   206-381-1341

Fax:        206-464-0461

Email:     <mailto:ron at housh.org> ron at housh.org

 

Mount Vernon Office:

21411 Bluejay Place

Mount Vernon, WA 98274

Phone:  206-235-2459

Email:    <mailto:ron at housh.org> ron at housh.org

 


 

 

 

 

From: wsbarp-bounces at lists.wsbarppt.com [mailto:wsbarp-bounces at lists.wsbarppt.com] On Behalf Of Douglas W. Scott
Sent: Friday, November 04, 2016 6:05 PM
To: WSBA Real Property Listserv
Subject: Re: [WSBARP] Form 17 issue

 

I guess the questions are:  did the buyer rescind based upon something generated from the unanswered questions?  Why didn’t the seller eventually complete those 2 answers?  Did the buyer ever ask that the seller complete them?

 

Douglas W. Scott

Law Offices of Douglas W. Scott

Windermere Building

1810 15th Place NW, Suite 203
Issaquah, Washington, 98027
V.  425.392.8550
F.  425-392-2829 

www.davisscottlaw.com <http://www.davisscottlaw.com/> 

 

From: wsbarp-bounces at lists.wsbarppt.com [mailto:wsbarp-bounces at lists.wsbarppt.com] On Behalf Of Stephen Whitehouse
Sent: Friday, November 04, 2016 12:14 PM
To: wsbarp at lists.wsbarppt.com
Subject: [WSBARP] Form 17 issue

 

Listmates,

     I am looking for feedback on your experience with a Form 17  issue.

     The form was fully filled out except two answers were left blank. No issue was ever raised and now, four days before closing, buyer is rescinding on that basis. 

     RCW 64.06.030 requires a "completed" statement. However, it also states that the buyer has two options to exercise within three days, to rescind or to approve and accept the statement. In this case the buyer approved and accepted. 

     Has the buyer waived the defect, either statutorily, or under the common law? I understand there is some conventional wisdom emanating from the MLS that the buyer can rescind, but I think they tend to take conservative positions.

     Any thoughts?

     Thanks.

 

Steve

Stephen Whitehouse

Whitehouse & Nichols, LLP

P.O. Box 1273

601 W. Railroad Ave.

Shelton, Wa. 98584
 <mailto:swhite8893 at aol.com> swhite8893 at aol.com

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