[WSBARP] Form 21 - no express language re payment of REET

[Eric Nelsen]

I think I phrased my question rather badly.

I wonder why the PSA doesn't say, "Seller pays real estate excise tax." I know it's required by law anyway, but there are often statements in a contract that are redundant with legal requirements....so is there some reason in this case to avoid saying it in the contract? Or is it just as a case of "everybody knows who pays it so we don't mention it in the PSA?"

Sincerely,

Eric

Eric C. Nelsen
SAYRE LAW OFFICES, PLLC
1320 University St
Seattle WA  98101-2837
phone 206-625-0092
fax 206-625-9040



From: wsbarp-bounces at lists.wsbarppt.com [mailto:wsbarp-bounces at lists.wsbarppt.com] On Behalf Of Eric Nelsen
Sent: Wednesday, July 01, 2015 2:20 PM
To: WSBA Real Property listserve (wsbarp at lists.wsbarppt.com)
Subject: [WSBARP] Form 21 - no express language re payment of REET

I've noticed this before, but now I'm motivated to ask about it. NWMLS Form 21 -- the standard residential PSA -- does not expressly say that Seller shall pay the real estate excise tax. It is in fact Seller's tax burden per WAC 458-61A-301(1)(b)<http://app.leg.wa.gov/WAC/default.aspx?cite=458-61A-301>, and I know that's how it gets paid as a matter of course.

Now a client is wondering why it's not expressly stated. Is there a reason why it's not stated explicitly in the PSA?

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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