[WSBARP] Form 17 - "wood destroying organism or pest infestation"

[Marc Holmes]

I think they are distinct and you should disclose rodents and the like.
Beyond that, I generally recommend erring on the side of over-disclosure,
especially if the problem has been addressed.  Buyers can handle it and its
much worse if they find out later on their own.

 

Further, after Douglas v. Visser, a little bit of disclosure goes a long way
to protect the seller.

 

 

Marc Holmes

Holmes Law Group PLLC

808 5th Ave N

Seattle WA 98109

 <http://holmeslawgroup.com/> HolmesLawGroup.com

marc at holmeslawgroup.com

Ofc: 206-357-4224

Cell: 206-849-0853

 

From: wsbarp-bounces at lists.wsbarppt.com
[mailto:wsbarp-bounces at lists.wsbarppt.com] On Behalf Of Eric Nelsen
Sent: Tuesday, November 25, 2014 4:41 PM
To: WSBA Real Property listserve (wsbarp at lists.wsbarppt.com)
Subject: [WSBARP] Form 17 - "wood destroying organism or pest infestation"

 

Item 4H of the Form 17 disclosure says "During your ownership, has the
property had any wood destroying organism or pest infestation?"

 

Does "wood destroying" modify both "organism" and "pest infestation," or is
"pest infestation" a separate clause?

 

In other words, is this question only about pests that destroy wood, or does
it cover rodents, birds or bats in the walls, and similar pleasantness?

 

I don't see any other disclosure on the Form 17 that would disclose those
kinds of pests...

 

Sincerely,

 

Eric C. Nelsen

SAYRE LAW OFFICES, PLLC

1320 University St

Seattle WA  98101-2837

phone 206-625-0092

fax 206-625-9040

 

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