[WSBAPT] Seller Disclosure Form

Tue Aug 22 11:17:55 PDT 2017

Note the attached RCW

RCW 64.06.010
Application-Exceptions for certain transfers of real property.
This chapter does not apply to the following transfers of real property:
(1) A foreclosure or deed-in-lieu of foreclosure;
(2) A gift or other transfer to a parent, spouse, domestic partner, or child of a transferor or child of any parent, spouse, or domestic partner of a transferor;
(3) A transfer between spouses or between domestic partners in connection with a marital dissolution or dissolution of a state registered domestic partnership;
(4) A transfer where a buyer had an ownership interest in the property within two years of the date of the transfer including, but not limited to, an ownership interest as a partner in a partnership, a limited partner in a limited partnership, a shareholder in a corporation, a leasehold interest, or transfers to and from a facilitator pursuant to a tax deferred exchange;
(5) A transfer of an interest that is less than fee simple, except that the transfer of a vendee's interest under a real estate contract is subject to the requirements of this chapter;
(6) A transfer made by the personal representative of the estate of the decedent or by a trustee in bankruptcy; and
(7) A transfer in which the buyer has expressly waived the receipt of the seller disclosure statement. However, if the answer to any of the questions in the section entitled "Environmental" would be "yes," the buyer may not waive the receipt of the "Environmental" section of the seller disclosure statement.

Robert S. Schuck
Kennedy,Schuck & Miller, PLLC
1520 140th NE, Suite 200
Bellevue, WA 98005
(425)451-3760 (telephone)
(425)451-3878 (facsimile)
rsschuck at ksmlawfirm.com<mailto:rsschuck at ksmlawfirm.com>

This correspondence is covered by the Electronic Communications Privacy Act, 18 U.S.C. 2510-2521, and may contain confidential information protected by Attorney-Client privilege. If you are not a person for whom this message was intended, please delete it from your system immediately, refrain from copying or forwarding any part of the message, and kindly notify me at (425) 451-3760 or at rsschuck at ksmlawfirm.com<mailto:rsschuck at qwest0ffice.net>   Thank you.

From: wsbapt-bounces at lists.wsbarppt.com [mailto:wsbapt-bounces at lists.wsbarppt.com] On Behalf Of Dalynne Singleton
Sent: Tuesday, August 22, 2017 10:59 AM
To: WSBA Probate & Trust Listserv <wsbapt at lists.wsbarppt.com>
Subject: [WSBAPT] Seller Disclosure Form

What basis do you opine that the PR does not need to execute a Form 17?  Is there a case on point?  I'm getting ready to sell a home/land in Belfair, WA...

Dalynne Singleton

Gourley Law Group
Snohomish Escrow
The Exchange Connection
1002 10th Street / PO Box 1091
Snohomish, WA 98291

360.568.5065
360.329.4079
360.568.8092  fax
dalynne at glgmail.com<mailto:dalynne at glgmail.com>

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From: wsbapt-bounces at lists.wsbarppt.com<mailto:wsbapt-bounces at lists.wsbarppt.com> [mailto:wsbapt-bounces at lists.wsbarppt.com] On Behalf Of jeffrey winter
Sent: Tuesday, August 22, 2017 10:50 AM
To: wsbapt at lists.wsbarppt.com<mailto:wsbapt at lists.wsbarppt.com>
Subject: [WSBAPT] Seller Disclosure Form

Listmates,

In the past, I have not had my PRs execute a Seller Disclosure form when selling real estate from a probate as is my understanding that the PR is not obligated to do so.

Question:  Is the successor trustee of a revocable living trust obligated to complete the form when selling from a revocable living trust where the trustor is deceased?

Jeff Winter

Law Office of Jeffrey D. Winter, P.S.

604 North Main Street

Ellensburg, WA 98926
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