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

[Douglas Scott]

My experience in claiming any liability based upon inaccurate information
in the Resale Certificate is that if there is any ambiguity or wiggle room
it is construed favorable to the HOA.
*DOUGLAS W. SCOTT*
Rainier Legal Advocates|LLC

465 Rainier Blvd. N., Suite C
Issaquah, Washington 98027
425.392.8550 (tel)
425.392.2829 (fax)



www.rainieradvocates.com


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On Mon, Dec 13, 2021 at 1:45 PM Samuel M. Meyler <samuel at meylerlegal.com>
wrote:

> Yes, you are correct.  The amendments were in the title report but
> purchaser is a lay person and relied on the documents and information
> produced by the association and seller.
>
>
>
>
>
> *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
>
>
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> *From:* wsbarp-bounces at lists.wsbarppt.com <
> wsbarp-bounces at lists.wsbarppt.com> *On Behalf Of *Bryce Dille
> *Sent:* Monday, December 13, 2021 12:31 PM
> *To:* WSBA Real Property Listserv <wsbarp at lists.wsbarppt.com>
> *Subject:* Re: [WSBARP] Purchaser's Claim Under RCW 64.34.425 for
> Deficient Resale Certificate
>
>
>
> 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
>
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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
>
>
>
> *NOTICE:*
>
>
>
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> Privileged and constitutes an electronic communication within the meaning
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