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

[Meyler Legal, PLLC]

Thanks, Craig. I can see the buyer potentially having a title insurance claim but what would be the basis for a claim be against escrow? 


Samuel M. Meyler
Meyler Legal, PLLC
1700 Westlake Ave. N., Ste. 200
Seattle, WA 98109
Main: 206-876-7770
Fax: 206-876-7771
Direct: 206-876-7772
Email: samuel at meylerlegal.com

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> On Jun 29, 2022, at 7:42 AM, Craig Blackmon <craig at lawofficeofcraigblackmon.com> wrote:
> 
> 
> How about a claim against the escrow agent?
> 
> CB
> Craig Blackmon, Attorney at Law
> 92 Lenora St. #8, Seattle WA  98121 
> Office/Cell: (206) 369-5949   
> On the blog: Co-Ownership of Real Property by Single People
>    
> CONFIDENTIALITY NOTICE: This communication is a private, confidential electronic communication encompassed by 18 USC 2510. It is for the sole use of the intended recipient and receipt by anyone other than the intended recipient does not constitute a loss of its confidential or privileged nature.  Any review or distribution by others is strictly prohibited. If you are not the intended recipient please inform the sender and destroy all copies.
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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:
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>> 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. 
>> 
>>  
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>> 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
>> 
>>   
>> 
>> 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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