[WSBARP] Form 17 - "wood destroying organism or pestinfestation"

Tue Nov 25 17:51:27 PST 2014

I concur with Justice Holmes. 

Sincerely,

Tom

Thomas J. Westbrook

Attorney at Law

Thomas J. Westbrook, PLLC

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From: wsbarp-bounces at lists.wsbarppt.com
[mailto:wsbarp-bounces at lists.wsbarppt.com] On Behalf Of Marc Holmes
Sent: Tuesday, November 25, 2014 4:56 PM
To: 'WSBA Real Property Listserv'
Subject: Re: [WSBARP] Form 17 - "wood destroying organism or
pestinfestation"

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

HolmesLawGroup.com <http://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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