[WSBARP] Seller's Failure to Comply with King County Health Code Re: On-Site Sewage

[samuel at meylerlegal.com]

Listmates,

 

Section 13.60.030 of the King County Board of Health Code requires a seller
of any single family or multi-family residential property that is served by
an on-site sewage system satisfy certain requirements prior to the transfer
of title.  Section 13.60.030 provides:

 



 

Assume that there are no maintenance records available so Subsection A.4. is
inapplicable.  For those of you who are familiar, NWMLS 22S-King is the form
that a real estate broker would typically include in a transaction on such a
property, which makes the requirements of Section 13.60.030  contractual as
between the seller and the buyer.  Without NWMLS 22S-King, it seems that
seller's failure to satisfy the requirements is nothing more than a
violation of the Health Code, subject to enforcement by the Dept. of Public
Health.  

 

In a situation where the buyer and seller did not include NWMLS 22S-King,
and the seller fails to satisfy the requirements of Section 13.60.030, does
the buyer have a private right of action against the seller for damages?
Alternatively, does the buyer have a basis to terminate or rescind the
transaction as a result of seller's failure to meet the requirements of
Section 13.60.030?

 

Thanks for your thoughts on this.

 

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.

 

-------------- next part --------------
An HTML attachment was scrubbed...
URL: <http://mailman.fsr.com/pipermail/wsbarp/attachments/20220628/00c632ac/attachment.html>
-------------- next part --------------
A non-text attachment was scrubbed...
Name: image001.png
Type: image/png
Size: 119935 bytes
Desc: not available
URL: <http://mailman.fsr.com/pipermail/wsbarp/attachments/20220628/00c632ac/image001.png>