[WSBARP] Purchaser's Claim Under RCW 64.34.425 for Deficient Resale Certificate

[Samuel M. Meyler]

Listmates,

 

Section 1 of RCW 64.34.425 requires the unit owner of a condominium to
furnish the resale certificate to the purchaser.  Section 2 requires the
association to furnish the certificate and information necessary to enable
the owner to comply.  

 

A purchaser of a condominium received a resale certificate pursuant to RCW
64.34.425.  As is commonly the case, the resale certificate was produced by
the HOA's property manager/agent.  The resale certificate omitted important
amendments to the CC&Rs that impact purchasers rights.  Specifically, a
parking space that purchaser believed was part of the sale was not and the
omitted amendment to the CC&R would have shown this.

 

RCW 64.34.455 provides, "If a declarant or any other person subject to this
chapter fails to comply with any provision hereof or any provision of the
declaration or bylaws, any person or class of persons adversely affected by
the failure to comply has a claim for appropriate relief. The court, in an
appropriate case, may award reasonable attorney's fees to the prevailing
party."  

 

Does the purchaser have standing to bring a claim directly against the HOA
for omitting the amendment and damages that purchaser has suffered?  If so,
any thoughts on what the statute of limitations are for a claim relating to
the parking space based on this statute?

 

Thanks!


Sam

 

 

Samuel M. Meyler

Meyler Legal, PLLC 

1700 Westlake Ave. N., Ste. 200

Seattle, Washington 98109

Tel:  206.876.7770

Fax:  206.876.7771

Email:   <mailto:samuel at meylerlegal.com> samuel at meylerlegal.com

  

NOTICE:

 

This electronic message contains information which may be Confidential or
Privileged and constitutes an electronic communication within the meaning of
the Electronic Communications Privacy Act 18 USC 2510. The information is
intended to be for the use of the individual or entity named above.  If you
are not the intended recipient, please be aware that any disclosure,
copying, distribution or use of the contents of this information is
prohibited.  If you received this transmission in error, please notify the
sender and delete the copy you received together with any attachments.
Thank you.

 

-------------- next part --------------
An HTML attachment was scrubbed...
URL: <http://mailman.fsr.com/pipermail/wsbarp/attachments/20211213/ae01766d/attachment.html>