Client Question of the Week: “I'm
considering selling in the new year but I am seeing long market times in some
newer buildings and that concerns me, I thought things were picking up and
getting better for condo sellers in Seattle?”
Dear
Scared To Sell:
This
is a common question these days, and it comes down to a condo unit's ability to
be purchased and the risks associated with its purchase. Condo ownership is a wonderful thing, but
like any real estate purchase (house, townhome, land, floating home, etc.)
there are risks to that investment. The newer buildings you are seeing with
long market times likely are those in the middle of their warranty
investigations or those in the various phases of litigation with their
developers.
Unfortunately,
this is common with new construction condominiums. Due to the Washington Condominium Act, which
was intended, I think, to protect the condo buyer in new construction,
developers of new condo buildings have to provide a warranty for certain
aspects of a building's construction against defects. Sounds like a great thing
right? Well, since our condo buildings are built by humans, none of them are
built perfectly. So things do come up that need to be repaired, replaced, fixed
etc. There are limits to how long an HOA
can hold a builder/developer accountable for certain construction defects. I'm not an attorney so my specific knowledge
is limited to the exact terms of the state statute, but basically what this
results in with nearly every new condo building in our city, is that something
in a building will result in a dispute on whose role or responsibility it is to
fix it. If the HOA and the developer do
not agree, a motion is filed by the HOA to protect their right to sue if they
can't come to agreement.
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