[WSBARP] Causes of Action By Buyer Against HOA?

[Samuel M. Meyler]

That is one of the issues that I am most curious about.  Hypothetically,
let's say that a thorough examination of the Declaration and Amendments
would have revealed the fact that only one parking spot was assigned to the
unit.  Theoretically, the Declaration and Amendments are on the title report
as exclusions.  Let's also say that parking spots were assigned after the
original Declaration was recorded through an Amendment and when the HOA
produced the Resale Certificate, the HOA produced only the Declaration and
completely omitted the Amendments, which would have revealed the fact that
only one parking spot was assigned.  Then, the Board produces the written
confirmation that two spots were assigned.

 

What impact does the availability of the information in the public records
have on the Buyer's potential claims against the HOA?

 

With respect to the seller, the Purchase and Sale Agreement specifically
identifies the two parking spots by number.  Seller had a contractual duty
to convey two specific spots.

 

What impact does the availability of the information in the public records
have on the Buyer's potential claims against the Seller in this scenario?  

 

 

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:

 

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From: wsbarp-bounces at lists.wsbarppt.com <wsbarp-bounces at lists.wsbarppt.com>
On Behalf Of Patrick McDonald
Sent: Wednesday, June 16, 2021 9:51 AM
To: WSBA Real Property Listserv <wsbarp at lists.wsbarppt.com>
Subject: Re: [WSBARP] Causes of Action By Buyer Against HOA?

 

Usually we'll see claims of negligent misrepresentation and unintentional
infliction of emotional distress for errors in resale certificates or
otherwise incorrect information provided to buyers of condominium units by
associations. However, in your case, the buyer may not have much of a case
when public records would have disclosed what limited common elements were
assigned to the unit he or she was purchasing. 

 

Patrick McDonald

_______________________

Pody & McDonald, PLLC

1200 Fifth Avenue, Suite 1410

Seattle, WA 98101-3106

T: 206-467-1559

F: 206-467-4489

 

From: wsbarp-bounces at lists.wsbarppt.com
<mailto:wsbarp-bounces at lists.wsbarppt.com>
<wsbarp-bounces at lists.wsbarppt.com
<mailto:wsbarp-bounces at lists.wsbarppt.com> > On Behalf Of Samuel M. Meyler
Sent: June 16, 2021 9:29 AM
To: wsbarp at lists.wsbarppt.com <mailto:wsbarp at lists.wsbarppt.com> 
Subject: [WSBARP] Causes of Action By Buyer Against HOA?

 

Listmates,

 

During a transaction to purchase a condominium, Buyer received materials
from the HOA Board that proved to be false.  The Board provided written
confirmation that the unit was assigned two specific parking spaces.
Relying on this written confirmation, Buyer completed the purchase.  Several
months later, the Board advised that one of the parking spaces was not
actually assigned to the unit and reclaimed the parking space by painting it
to designate it a handicap space.  Buyer has claims against the Seller and
the HOA.  What viable causes of action does the Buyer have against the HOA?
Thanks for your input.

 

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.

 

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