[WSBARP] Lender liability

[Randy Boyer]

Bryce,

I don’t think the lender is liable for the work done by the prior owner.  See

> RCW  64.90.670 <http://app.leg.wa.gov/RCW/default.aspx?cite=64.90.670>
> Implied warranties of quality.
> 
> (1) A declarant and any dealer warrants to a purchaser of a condominium unit that the unit will be in at least as good condition at the earlier of the time of the conveyance or delivery of possession as it was at the time of contracting, except for reasonable wear and tear and damage by casualty or condemnation.
> (2) A declarant and any dealer impliedly warrants to a purchaser of a condominium unit that the unit and the common elements in the condominium are suitable for the ordinary uses of real estate of its type and that any improvements made or contracted for by such declarant or dealer will be:


The lender is not a a declarant  (assuming the Declaration had been recorded),  even if not they did not contract for the improvements.  If they did have some work done after foreclosure the implied warranties would apply to that work.

With regard to the POS my opinion is that the Lender is either a Declarant or a Dealer and must provided a POS.  When the lender did not build the project I normally state under the Warranty section of the POS that the lender did not build the improvements and is only warranting the work done by or for the lender after foreclosure.

Randy



Randy M. Boyer                                                 ______
Attorney, WSBA# 8665
Law Office of Randy M. Boyer, Inc. P.S. 
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> On Feb 12, 2025, at 11:41 AM, Bryce Dille <Bryce at dillelaw.com> wrote:
> 
> Listmates is a lender who takes a condominium project title back by way of the deed in lieu of foreclosure and then sells the units to individual purchasers have the same liability and responsibility to provide a public offering statement and warranty responsibility as an original declarant thank you for your input
>  
> Bryce H. Dille
> Dille Law, PLLC
> 1800 Cooper Point Road SW Bldg 11
> Olympia, WA 98502
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