[WSBARP] Pocket Lawsuit?

Scott Thomas scott.glen.thomas at gmail.com
Wed Apr 26 11:55:52 PDT 2017


I am a bit confused.  Is the issue one of alleged construction defects, or
is the issue that there are covenants or other restrictions that requires
the homeowner to comply with covenants, restrictions, government
regulations, or what have you, because the covenants or restrictions are
written so as to be impenetrable and/or vague?

On Wed, Apr 26, 2017 at 11:32 AM, Rob Wilson-Hoss <rob at hctc.com> wrote:

> Paul, the goal of providing housing at below market rates, and the related
> goal of avoiding an immediate equity grab by the purchaser by reselling at
> market rates, are both useful. But that isn't your issue.
>
>
>
> As to issues with the property, you may just want to invest in a
> professional evaluation at this time, and show the results to the
> purchaser, before closing. That covers you for what you knew, and means the
>  purchaser has notice to further investigate if anything does show up.
>
>
>
> I am just guessing as I don't know much about your circumstances, but that
> may be a way to sleep better.
>
>
>
> Rob
>
>
>
> Robert D. Wilson-Hoss
> Hoss & Wilson-Hoss, LLP
> 236 West Birch Street
> Shelton, WA 98584
> 360 426-2999 <(360)%20426-2999>
>
> www.hossandwilson-hoss.com <http://www.hossandwilsonhoss.com>
> rob at hctc.com
>
>
>
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> *From:* wsbarp-bounces at lists.wsbarppt.com [mailto:wsbarp-bounces at lists.
> wsbarppt.com] *On Behalf Of *Paul Neumiller
> *Sent:* Wednesday, April 26, 2017 11:16 AM
> *To:* 'WSBA Real Property Listserv'
> *Subject:* Re: [WSBARP] Pocket Lawsuit?
>
>
>
> To clarify, the perceived problems are with the paperwork.  When you deal
> in the “affordable housing” world, the houses and paperwork have many weird
> restrictions including multiple notes and deeds in order to protect the
> non-profit entity.  This program is designed to provide the buyer with
> affordable safe housing at below market rates but prevents the buyer from
> turning around and trying to resell the house and gaining a windfall
> profit.  Buyer is now balking at the last minute with some of the paperwork
> (which, admittedly, is not the model of clarity).
>
>
>
>
>
> *From:* wsbarp-bounces at lists.wsbarppt.com [mailto:wsbarp-bounces at lists.
> wsbarppt.com <wsbarp-bounces at lists.wsbarppt.com>] *On Behalf Of *Laird,
> Katherine
> *Sent:* Wednesday, April 26, 2017 10:41 AM
> *To:* WSBA Real Property Listserv <wsbarp at lists.wsbarppt.com>
> *Subject:* Re: [WSBARP] Pocket Lawsuit?
>
>
>
> Did your client prepare and service a Form 17 disclosure document to the
> buyer?  Were any of the alleged problems disclosed on the form?
>
>
>
>
>
> Katherine Kramer Laird
> CenturyPacific, LP
> Suite 1680
> 1201 Third Avenue
> Seattle, WA  98101
> Ph. 206-757-8892 <(206)%20757-8892>/Mobile. 206-915-0109
> <(206)%20915-0109>
> Fax 206-757-7890 <(206)%20757-7890>
> katherinelaird at centurypacificlp.com
>
>
>
>
>
> *From:* wsbarp-bounces at lists.wsbarppt.com [mailto:wsbarp-bounces at lists.
> wsbarppt.com <wsbarp-bounces at lists.wsbarppt.com>] *On Behalf Of *Paul
> Neumiller
> *Sent:* Wednesday, April 26, 2017 10:32 AM
> *To:* wsbarp at lists.wsbarppt.com
> *Subject:* [WSBARP] Pocket Lawsuit?
>
>
>
> I have a short fuse on this and it’s a new situation for me.  I represent
> a non-profit organization who is selling a residence to an income-qualified
> buyer.  Buyer has many complaints which may or may not be legitimate and
> has threaten to consult with Buyer’s attorney.  Buyer now says that Buyer
> has seen Buyer’s attorney and wants to move forward with the transaction
> and close on the house.  I am concerned that Buyer thinks that Buyer can
> close on the deal and then sue on the perceived problems.  Is there any
> case law that either says that Buyer waives all problems that are known
> prior to closing or that all of Buyer’s problems somehow merge into the
> deed?  Is there any document that I should try to get the Buyer to sign now
> that fleshes out this issue?
>
>
>
>
>
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