[WSBARP] Pocket Lawsuit?

Wed Apr 26 13:04:15 PDT 2017

Oops, sorry I answered the wrong question.

Robert D. Wilson-Hoss 
Hoss & Wilson-Hoss, LLP 
236 West Birch Street 
Shelton, WA 98584 
360 426-2999

www.hossandwilson-hoss.com
rob at hctc.com

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This office does debt collection and this e-mail may be an attempt to collect a debt, Any information obtained will be used for that purpose.  To the extent the Federal Fair Debt Collection Practices Act (15 U.S.C. § 1692) applies this firm is acting as a debt collector for the condominium/homeowners' association named above to collect a debt owed to it. Any information obtained will be used for collection purposes. You have the right to seek advice of legal counsel.

From: wsbarp-bounces at lists.wsbarppt.com [mailto:wsbarp-bounces at lists.wsbarppt.com] On Behalf Of Paul Neumiller
Sent: Wednesday, April 26, 2017 12:55 PM
To: 'WSBA Real Property Listserv'
Subject: Re: [WSBARP] Pocket Lawsuit?

No alleged construction defects. 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.  The ambiguity has been explained to the buyer and buyer, initially, balked at the seller’s interpretation of the documents.

The buyer, after seeing the buyer’s attorney, now says that the buyer wants to proceed.  I just want to ensure that buyer is happy with the documentation now and isn’t proceeding with to view to close and then sue later. Hence, the expression “pocket lawsuit.”

From: wsbarp-bounces at lists.wsbarppt.com [mailto:wsbarp-bounces at lists.wsbarppt.com] On Behalf Of Scott Thomas
Sent: Wednesday, April 26, 2017 11:56 AM
To: WSBA Real Property Listserv <wsbarp at lists.wsbarppt.com>
Subject: Re: [WSBARP] Pocket Lawsuit?

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 <tel:(360)%20426-2999> 

www.hossandwilson-hoss.com <http://www.hossandwilsonhoss.com> 
rob at hctc.com

This message is intended solely for the use of the addressee and may contain information that is privileged, confidential, and exempt from disclosure under applicable law.  If you are not the addressee, you are hereby notified that any use, distribution, or copying of this message is strictly prohibited.  If you received this message in error, please notify us by reply e-mail or by telephone (call us collect at the number listed above) and immediately delete this message and any and all of its attachments.  Thank you.

This office does debt collection and this e-mail may be an attempt to collect a debt, Any information obtained will be used for that purpose.  To the extent the Federal Fair Debt Collection Practices Act (15 U.S.C. § 1692) applies this firm is acting as a debt collector for the condominium/homeowners' association named above to collect a debt owed to it. Any information obtained will be used for collection purposes. You have the right to seek advice of legal counsel.

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] 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 <tel:(206)%20757-8892> /Mobile. 206-915-0109 <tel:(206)%20915-0109>  
Fax 206-757-7890 <tel:(206)%20757-7890>  
katherinelaird at centurypacificlp.com 

From: wsbarp-bounces at lists.wsbarppt.com [mailto: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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