[WSBARP] Seller's Failure to Comply with King County Health Code Re: On-Site Sewage
samuel at meylerlegal.com
samuel at meylerlegal.com
Tue Jun 28 22:37:04 PDT 2022
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
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