[WSBARP] Causes of Action By Buyer Against HOA?

[Craig Blackmon]

I would add to your list of issues: Does the doctrine of merger eliminate
the breach of contract claim for the second parking space?

Craig
Craig Blackmon, Attorney at Law
<https://www.mywsba.org/PersonifyEbusiness/LegalDirectory/LegalProfile.aspx?Usr_ID=000000029240>
92 Lenora St. #8, Seattle WA  98121
Office/Cell: (206) 369-5949
On the blog: How to Read (and Understand) a Title Report
<http://seattlepropertylawyer.com/blog/how-to-read-and-understand-a-title-report>
    <https://www.fsbolawyers.org/>
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On Wed, Jun 16, 2021 at 10:48 AM Samuel M. Meyler <samuel at meylerlegal.com>
wrote:

> 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:*  samuel at meylerlegal.com
>
>
>
> *NOTICE:*
>
>
>
> This electronic message contains information which may be Confidential or
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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 <
> 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
> *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:*  samuel at meylerlegal.com
>
>
>
> *NOTICE:*
>
>
>
> This electronic message contains information which may be Confidential or
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