[WSBARP] Form 17 issue
Stephen Whitehouse
swhite8893 at aol.com
Fri Nov 4 12:14:05 PDT 2016
Listmates,
I am looking for feedback on your experience with a Form 17 issue.
The form was fully filled out except two answers were left blank. No issue was ever raised and now, four days before closing, buyer is rescinding on that basis.
RCW 64.06.030 requires a "completed" statement. However, it also states that the buyer has two options to exercise within three days, to rescind or to approve and accept the statement. In this case the buyer approved and accepted.
Has the buyer waived the defect, either statutorily, or under the common law? I understand there is some conventional wisdom emanating from the MLS that the buyer can rescind, but I think they tend to take conservative positions.
Any thoughts?
Thanks.
Steve
Stephen Whitehouse
Whitehouse & Nichols, LLP
P.O. Box 1273
601 W. Railroad Ave.
Shelton, Wa. 98584
swhite8893 at aol.com
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