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

[Bryce Dille]

If title insurance was issued these amendments would have been shown and been described in the title report so when didn't the purchaser see them there.

Bryce H. Dille
Dille Law, PLLC
2010 Caton Way SW Ste. 101
Olympia, WA 98502
Office: 360-350-0270
Cell: 253-579-5561

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From: wsbarp-bounces at lists.wsbarppt.com <wsbarp-bounces at lists.wsbarppt.com> On Behalf Of Samuel M. Meyler
Sent: Monday, December 13, 2021 11:47 AM
To: 'WSBA Real Property Listserv' <wsbarp at lists.wsbarppt.com>
Subject: [WSBARP] Purchaser's Claim Under RCW 64.34.425 for Deficient Resale Certificate

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

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