[WSBARP] Interpretation of RCW 64.06.010

[Craig Blackmon]

Thank you David! But saying it differently doesn't mean saying it
correctly. I am still puzzled by the longstanding legal fact that a
leasehold interest isn't an ownership interest (although it is, of course,
a possessory interest). I continue to see a conflict.

I can come up with lots of counterarguments, too. Shouldn't a statute
designed to protect consumers be interpreted as broadly as possible? Would
two years of possession provide the same insight as total years of
ownership?

If anyone has a citation, please share it. Absent one, I'll add this
argument to my quiver....

Craig

Craig Blackmon, Attorney at Law
FSBO Law Center <http://fsbolawcenter.com>
655 S. Orcas St., Ste. 100 Seattle WA 98108
Office: (206) 504-1932   Cell: (206) 369-5949
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On Tue, Jun 7, 2016 at 4:56 AM, <david at vaughanlawonline.net> wrote:

> Hi Craig,
>
> If a buyer had, within two years of the date of transfer, a leasehold
> interest in the property, no seller's disclosure is required.  This seems
> common-sensical, in that the former lessee would have had opportunity to
> see any defects first hand during the leasehold period (and perhaps would
> or could have given notice of such defects and had certain of them
> corrected by lessor).  Note also that the buyer can expressly waive
> disclosure under (7) of the same section.
>
> I didn't find any clarifying citation, though I did see, upon googling, a
> few other sources that reiterated this in plain-er English.
>
> -------- Original Message --------
> Subject: [WSBARP] Interpretation of RCW 64.06.010
> From: Craig Blackmon <craig at lawofficeofcraigblackmon.com>
> Date: Mon, June 06, 2016 3:47 pm
> To: WSBA Real Property List Serve <wsbarp at lists.wsbarppt.com>
>
> Here is the relevant portion:
>
> [A Seller Disclosure Statement is not required in] ... (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; (emphasis added)
>
> Question: If the buyer had a leasehold interest in the property, would the
> transfer fall within this exclusion, i.e. would the seller be excused from
> providing the disclosure statement? Or in plain ol' English, does a
> landlord have to give a tenant/buyer a Form 17? This language seems
> ambiguous to me, I am curious for the thoughts of others (and perhaps a
> citation to the authority that clarifies the issue).
>
> Thanks in advance!!
>
> Craig
> Craig Blackmon, Attorney at Law
> FSBO Law Center <http://fsbolawcenter.com>
> 655 S. Orcas St., Ste. 100 Seattle WA 98108
> Office: (206) 504-1932   Cell: (206) 369-5949
> How to Buy Without an Agent
> <http://fsbolawcenter.com/blog?category=Buy%20Without%20an%20Agent> | How
> to Sell FSBO <http://fsbolawcenter.com/blog?category=How%20to%20FSBO> | RE
> Glossary <http://fsbolawcenter.com/blog?category=Real%20Estate%20Glossary>
> CONFIDENTIALITY NOTICE: This communication is a private, confidential
> electronic communication encompassed by 18 USC 2510. It is for the sole use
> of the intended recipient and receipt by anyone other than the intended
> recipient does not constitute a loss of its confidential or privileged
> nature.  Any review or distribution by others is strictly prohibited. If
> you are not the intended recipient please inform the sender and destroy all
> copies.
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