[WSBARP] Statute of Limitations Question

[Ron Housh]

Interesting statute of limitations issue.

 

Party A buys Parcel A from Developer One in 2006.

Party A agrees to cooperate "to the greatest extent possible" [whatever that
means] in seller's completion of a Rural Cluster Subdivision - a 32 Lot
development.

Upon approval of the Plat then an additional Parcel will be available for
Party A to purchase.

Party A further agrees to "adhere to the CCR's of the Plat to be
established" and further agrees to "respect and acknowledge" [whatever that
means] the open space and native growth protection area in the Plat.

 

Developer One never develops the property and eventually sells all of the
properties - except Parcel A which is still owned by Party A -   to
Developer Two.

 

Developer Two is now seeking Plat approval which incorporates Parcel A  into
the plat and incorporates Parcel A into the CCR's and is asking Party A to
sign off.

 

Party A says:  I do not want my Parcel A to be part of the development; I do
not want it to be subject to the CCR's and it has been over 10 years since I
had the Agreement with Developer One.

 

Are Developer Two's claims that Party A has duties under the 2006 Sale
Agreement time barred?

 

Thanks,

 

Ron

 

 

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

 


 

 

 

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