[WSBARP] Causes of Action By Buyer Against HOA?

Wed Jun 16 14:49:54 PDT 2021

Thanks, Annie!  Great stuff.

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

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From: wsbarp-bounces at lists.wsbarppt.com <wsbarp-bounces at lists.wsbarppt.com> On Behalf Of Annie Fitzsimmons
Sent: Wednesday, June 16, 2021 2:20 PM
To: WSBA Real Property Listserv <wsbarp at lists.wsbarppt.com>
Subject: Re: [WSBARP] Causes of Action By Buyer Against HOA?

Sam - Take a look at Watts v. Dunphy.  It's an unpublished opinion but I think it could be helpful in analyzing the situation.  In that case, the seller was on the board and on the Form 17, disclosed that she was not aware of any conditions of which buyer should be aware.  In reality, she knew that the board was knee deep in investigations and costs related to missing weather barrier.  The court found that buyer was entitled to rely on the representations of the seller notwithstanding that had buyer waded through the stack of documents provided to buyer, buyer could have found reference to "envelope study" and other key words that would have tipped buyer off to the problem.  

The whole purpose of the resale certificate is to put buyer on notice of conditions based on the HOA's representations.  It seems like a stretch for the HOA to hide from liability by arguing that buyer should have read all the fine print to know that the HOA was wrong about what it told buyer. 

-- Annie 

Annette T. Fitzsimmons P.S. 

P.O. Box 430
Belfair, WA 98528

On 06/16/2021 10:37 AM Samuel M. Meyler <samuel at meylerlegal.com <mailto: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:   <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.

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 Patrick McDonald
Sent: Wednesday, June 16, 2021 9:51 AM
To: WSBA Real Property Listserv <wsbarp at lists.wsbarppt.com <mailto: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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