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

Craig Blackmon craig at lawofficeofcraigblackmon.com
Wed Jun 29 07:34:21 PDT 2022


How about a claim against the escrow agent?

CB
Craig Blackmon, Attorney at Law
<https://www.mywsba.org/PersonifyEbusiness/LegalDirectory/LegalProfile.aspx?Usr_ID=000000029240>
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Office/Cell: (206) 369-5949
On the blog: Co-Ownership of Real Property by Single People
<https://www.fsbolawyers.org/blog/tenants-in-common-agreement>
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On Tue, Jun 28, 2022 at 10:44 PM <samuel at meylerlegal.com> wrote:

> 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:*  samuel at meylerlegal.com
>
>
>
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