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

Mon Dec 13 18:59:26 PST 2021

I understand what you’re saying but it would be difficult to call the complete omission of an amendment an ambiguity. This isn’t a question of interpreting a document or information that was produced. 

Samuel M. Meyler
Meyler Legal, PLLC
1700 Westlake Ave. N., Ste. 200
Seattle, WA 98109
Main: 206-876-7770
Fax: 206-876-7771
Direct: 206-876-7772
Email: samuel at meylerlegal.com

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> On Dec 13, 2021, at 6:35 PM, Douglas Scott <doug at rainieradvocates.com> wrote:
> 
> 
> 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)
> 
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> 
> 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
>> 
>>   
>> 
>> 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.
>> 
>>  
>> 
>> 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
>> 
>> Office: 360-350-0270
>> 
>> Cell: 253-579-5561
>> 
>>  
>> 
>> ** Please note that I use the dictation feature of my iPhone and that sometimes everything I say does not get properly translated**
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>>  
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>> Business Entity Creation and Management, Business, Government and Tax Law, Real Estate and Land Use, Residential, Commercial and Condominium Development Real Estate and Commercial Transactions & Closings, Including Performing Services as IRS Section 1031 Exchange Facilitator Estate Planning, including Wills and Trusts, and Probate Administration Representation Homeowners/Condominium Association Real Estate Developments Real Property Foreclosures and Forfeitures.
>> 
>>  
>> 
>> 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:
>> 
>>  
>> 
>> 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.
>> 
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